S v Motsamai (1335/2006) [2007] ZAFSHC 76 (1 February 2007)

S v Motsamai (1335/2006) [2007] ZAFSHC 76 (1 February 2007)

The accused did not admit to housebreaking or theft during the plea proceedings, as he claimed to have believed the liquor belonged to his companion and that he had permission to take it. He did not acknowledge the intention to deprive the owner or the unlawfulness of his conduct. Therefore, the requirements for a conviction on a guilty plea under section 112(1)(b) were not met. The magistrate should have entered a plea of not guilty in terms of section 113. The conviction and sentence were not properly entered and must be set aside. The matter is remitted to the magistrate for proper procedure under section 312.

Citation
[2007] ZAFSHC 76
Parties
Respondent: THE STATE; Applicant: THABO MOTSAMAI
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
1 February 2007
Case Number
1335/2006
Procedural Posture
Review Application / Review of Conviction and Sentence
Outcome
Conviction and sentence set aside; matter remitted to magistrate for proper procedure.
Judges
Van der Merwe, Van Zyl
Legal Topics
Housebreaking, Theft, Plea Procedure, Section 112 Criminal Procedure Act, Section 113 Criminal Procedure Act, Section 312 Criminal Procedure Act
Criminal Law Housebreaking Theft Plea Procedure Section 112 Criminal Procedure Act Section 113 Criminal Procedure Act Section 312 Criminal Procedure Act

Case Brief

Summary, issues, holding and outcome

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Parties

THE STATE

Respondent

THABO MOTSAMAI

Applicant

Procedural Posture

Review Application / Review of Conviction and Sentence

Legal Issues

  1. 1 Whether the accused admitted all elements of housebreaking with intent to steal and theft during plea proceedings.
  2. 2 Whether the magistrate erred by convicting the accused on a guilty plea without proper admissions.
  3. 3 Whether the conviction and sentence should be set aside and the matter remitted for proper procedure.

Ratio Decidendi

The accused did not admit to housebreaking or theft during the plea proceedings, as he claimed to have believed the liquor belonged to his companion and that he had permission to take it. He did not acknowledge the intention to deprive the owner or the unlawfulness of his conduct. Therefore, the requirements for a conviction on a guilty plea under section 112(1)(b) were not met. The magistrate should have entered a plea of not guilty in terms of section 113. The conviction and sentence were not properly entered and must be set aside. The matter is remitted to the magistrate for proper procedure under section 312.

Court Disposition

Conviction and sentence set aside; matter remitted to magistrate for proper procedure.

Orders

  • The conviction and sentence are set aside.
  • The matter is remitted to the magistrate in terms of section 312 of Act 51 of 1977.