S v Mekula (CA&R 147/2012) [2012] ZAECGHC 40; 2012 (2) SACR 521 (ECG) (16 May 2012)

S v Mekula (CA&R 147/2012) [2012] ZAECGHC 40; 2012 (2) SACR 521 (ECG) (16 May 2012)

The court found that although the accused intended to steal the bottle of whisky and took steps to conceal it, he was detected by security before he could leave the premises. The owner, through the security guard, continued to exercise effective control over the bottle, and the accused did not succeed in removing the item from the store. Therefore, the essential element of excluding the owner from the property was not satisfied, and the accused's conduct amounted to attempted theft rather than completed theft. The conviction for theft was set aside and substituted with a conviction for attempted theft. The sentence was reconsidered and adjusted to reflect the lesser offence, with part of...

Citation
[2012] ZAECGHC 40
Parties
Respondent: The State; Applicant: Sabelo Mekula
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
16 May 2012
Case Number
CA&R 147/2012
Procedural Posture
Review Application / High Court Review of Magistrates' Court Conviction and Sentence
Outcome
Conviction and sentence for theft set aside; conviction for attempted theft substituted; sentence adjusted to six months imprisonment, three months suspended for five years on condition of no further conviction for theft or attempted theft during the suspension period.
Judges
J W Eksteen, G G Goosen
Legal Topics
Theft, Attempted Theft, Criminal Procedure Act Section 302, Criminal Procedure Act Section 303, Guilty Plea, Sentencing
Criminal Law Theft Attempted Theft Criminal Procedure Act Section 302 Criminal Procedure Act Section 303 Guilty Plea Sentencing

Case Brief

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Parties

The State

Respondent

Sabelo Mekula

Applicant

Procedural Posture

Review Application / High Court Review of Magistrates' Court Conviction and Sentence

Legal Issues

  1. 1 Whether the accused's conduct constituted theft or attempted theft.
  2. 2 Whether the conviction and sentence imposed by the Magistrates' Court were appropriate.
  3. 3 Whether the delay in forwarding the record for review infringed the accused's rights.

Ratio Decidendi

The court found that although the accused intended to steal the bottle of whisky and took steps to conceal it, he was detected by security before he could leave the premises. The owner, through the security guard, continued to exercise effective control over the bottle, and the accused did not succeed in removing the item from the store. Therefore, the essential element of excluding the owner from the property was not satisfied, and the accused's conduct amounted to attempted theft rather than completed theft. The conviction for theft was set aside and substituted with a conviction for attempted theft. The sentence was reconsidered and adjusted to reflect the lesser offence, with part of...

Court Disposition

Conviction and sentence for theft set aside; conviction for attempted theft substituted; sentence adjusted to six months imprisonment, three months suspended for five years on condition of no further conviction for theft or attempted theft during the suspension period.

Orders

  • The accused is convicted of attempted theft.
  • The accused is sentenced to six months imprisonment, of which three months is suspended for five years on condition that the accused is not again convicted of theft or attempted theft committed during the period of suspension.