S v Mohapi (58/2011) [2011] ZAFSHC 94 (14 April 2011)

S v Mohapi (58/2011) [2011] ZAFSHC 94 (14 April 2011)

The accused did not admit all the elements of the offence during the plea proceedings, specifically stating she did not intend to injure the complainant. The magistrate should have recorded a plea of not guilty in terms of section 113 of Act 51 of 1977. As a result, the conviction and sentence are set aside and the matter is remitted for proper plea recording.

Citation
[2011] ZAFSHC 94
Parties
Applicant: The State; Respondent: Lerato Alina Mohapi
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
14 April 2011
Case Number
58/2011
Procedural Posture
Review Application / High Court Review Under Section 302 of Act 51 of 1977
Outcome
Conviction and sentence set aside; magistrate directed to record a plea of not guilty.
Judges
Kruger
Legal Topics
Plea Procedure, Section 112 1 B, Section 113, Conviction and Sentence Review
Criminal Law Plea Procedure Section 112 1 B Section 113 Conviction and Sentence Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The State

Applicant

Lerato Alina Mohapi

Respondent

Procedural Posture

Review Application / High Court Review Under Section 302 of Act 51 of 1977

Legal Issues

  1. 1 Whether the accused admitted all elements of the offence during the plea proceedings.
  2. 2 Whether the magistrate should have recorded a plea of not guilty under section 113 of Act 51 of 1977.

Ratio Decidendi

The accused did not admit all the elements of the offence during the plea proceedings, specifically stating she did not intend to injure the complainant. The magistrate should have recorded a plea of not guilty in terms of section 113 of Act 51 of 1977. As a result, the conviction and sentence are set aside and the matter is remitted for proper plea recording.

Court Disposition

Conviction and sentence set aside; magistrate directed to record a plea of not guilty.

Orders

  • The conviction and sentence are set aside in terms of section 312 of Act 51 of 1977.
  • The magistrate is directed to record a plea of not guilty as contemplated in section 113 of Act 51 of 1977.