S v Mosoeu (183/2014) [2014] ZAFSHC 167 (9 October 2014)

S v Mosoeu (183/2014) [2014] ZAFSHC 167 (9 October 2014)

The court found that the accused's plea explanation covered the elements of housebreaking with intent to steal, but not theft, as nothing was stolen. The conviction for theft was therefore incorrect and had to be amended. The sentence was appropriate except for the reference to theft, which was also amended. The conviction and sentence were set aside and substituted with a conviction for housebreaking with intent to steal and a corresponding sentence.

Citation
[2014] ZAFSHC 167
Parties
Applicant: The State; Respondent: Thabiso Mosoeu
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
9 October 2014
Case Number
183/2014
Procedural Posture
Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act
Outcome
Conviction and sentence for housebreaking with intent to steal and theft set aside; substituted with conviction for housebreaking with intent to steal and amended sentence.
Judges
A.F. Jordaan, M.H. Rampai
Legal Topics
Housebreaking, Intent to Steal, Section 112 Plea, Amendment of Conviction, Sentence Review
Criminal Law Housebreaking Intent to Steal Section 112 Plea Amendment of Conviction Sentence Review

Case Brief

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Parties

The State

Applicant

Thabiso Mosoeu

Respondent

Procedural Posture

Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act

Legal Issues

  1. 1 Whether the conviction for housebreaking with intent to steal and theft was correct when no theft was committed.
  2. 2 Whether the sentence imposed was appropriate given the facts admitted by the accused.

Ratio Decidendi

The court found that the accused's plea explanation covered the elements of housebreaking with intent to steal, but not theft, as nothing was stolen. The conviction for theft was therefore incorrect and had to be amended. The sentence was appropriate except for the reference to theft, which was also amended. The conviction and sentence were set aside and substituted with a conviction for housebreaking with intent to steal and a corresponding sentence.

Court Disposition

Conviction and sentence for housebreaking with intent to steal and theft set aside; substituted with conviction for housebreaking with intent to steal and amended sentence.

Orders

  • The accused is convicted of housebreaking with the intent to steal.
  • The accused is fined R2,000.00 or 6 months imprisonment, half suspended for three years on condition of not being convicted of housebreaking with intent to commit a crime during the suspension period.