S v Mmetsing (231/17) [2017] ZAGPPHC 873 (19 September 2017)

S v Mmetsing (231/17) [2017] ZAGPPHC 873 (19 September 2017)

The Magistrate was bound by the prosecutor's acceptance of the plea of guilty to culpable homicide, as the accused admitted all elements of the crime and the presiding officer was satisfied before conviction. The subsequent entering of a plea of not guilty in terms of section 113 of the Criminal Procedure Act was not justified, as this section is intended to protect the accused in cases of doubt regarding admission of elements, not to allow judicial interference after conviction. The Magistrate's order was therefore set aside and the matter referred back for sentencing.

Citation
[2017] ZAGPPHC 873
Parties
Applicant: The State; Respondent: Ditshetlo Mmetsing
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 September 2017
Case Number
231/17
Procedural Posture
Review Application / Review of Conviction and Procedure Following Plea Acceptance
Outcome
The Magistrate's order in terms of section 113 of the Criminal Procedure Act is set aside; the matter is referred back to the trial court for sentencing.
Judges
A J Bam, S Potterill
Legal Topics
Culpable Homicide, Plea Procedure, Section 112 Criminal Procedure Act, Section 113 Criminal Procedure Act
Criminal Law Culpable Homicide Plea Procedure Section 112 Criminal Procedure Act Section 113 Criminal Procedure Act

Case Brief

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Parties

The State

Applicant

Ditshetlo Mmetsing

Respondent

Procedural Posture

Review Application / Review of Conviction and Procedure Following Plea Acceptance

Legal Issues

  1. 1 Whether the Magistrate was bound by the prosecutor's acceptance of the plea of guilty to culpable homicide.
  2. 2 Whether the Magistrate was entitled to enter a plea of not guilty in terms of section 113 of the Criminal Procedure Act after conviction.

Ratio Decidendi

The Magistrate was bound by the prosecutor's acceptance of the plea of guilty to culpable homicide, as the accused admitted all elements of the crime and the presiding officer was satisfied before conviction. The subsequent entering of a plea of not guilty in terms of section 113 of the Criminal Procedure Act was not justified, as this section is intended to protect the accused in cases of doubt regarding admission of elements, not to allow judicial interference after conviction. The Magistrate's order was therefore set aside and the matter referred back for sentencing.

Court Disposition

The Magistrate's order in terms of section 113 of the Criminal Procedure Act is set aside; the matter is referred back to the trial court for sentencing.

Orders

  • The order in terms of section 113 of the Criminal Procedure Act, No 51 of 1977, made by the Regional Court Magistrate in case number RC 27/2015, Christiana, is set aside.
  • The matter is referred to the court a quo for sentencing purposes.