S v Mmetsing (231/17, A483/17) [2017] ZAGPPHC 699 (27 September 2017)

S v Mmetsing (231/17, A483/17) [2017] ZAGPPHC 699 (27 September 2017)

The High Court held that the Magistrate was bound by the prosecutor's acceptance of the plea of guilty to culpable homicide, as the accused had admitted all the elements of the crime and the presiding officer was satisfied before conviction. The subsequent entering of a plea of not guilty under section 113 of the Criminal Procedure Act was not justified, as the protective remedy of section 113 applies only where there is doubt about the admission of all elements prior to conviction. The Magistrate's interference in the proceedings at that stage was not permitted by law.

Citation
[2017] ZAGPPHC 699
Parties
Respondent: The State; Applicant: Ditshetlo Mmetsing
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 September 2017
Case Number
A483/17
Procedural Posture
Review Application / Review of Regional Court Order Post Conviction
Outcome
The order made by the Regional Court Magistrate under section 113 of the Criminal Procedure Act is set aside. The matter is referred back to the trial court for sentencing.
Judges
BAM, S POTTERILL
Legal Topics
Culpable Homicide, Section 112 2 Criminal Procedure Act, Section 113 Criminal Procedure Act, Plea Acceptance, Sentencing Procedure
Criminal Law Culpable Homicide Section 112 2 Criminal Procedure Act Section 113 Criminal Procedure Act Plea Acceptance Sentencing Procedure

Case Brief

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Parties

The State

Respondent

Ditshetlo Mmetsing

Applicant

Procedural Posture

Review Application / Review of Regional Court Order Post Conviction

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 High Court held that the Magistrate was bound by the prosecutor's acceptance of the plea of guilty to culpable homicide, as the accused had admitted all the elements of the crime and the presiding officer was satisfied before conviction. The subsequent entering of a plea of not guilty under section 113 of the Criminal Procedure Act was not justified, as the protective remedy of section 113 applies only where there is doubt about the admission of all elements prior to conviction. The Magistrate's interference in the proceedings at that stage was not permitted by law.

Court Disposition

The order made by the Regional Court Magistrate under 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.