S v Ndyumbu (R 20021774) [2003] ZAECHC 20 (17 April 2003)

S v Ndyumbu (R 20021774) [2003] ZAECHC 20 (17 April 2003)

The accused did not admit all the elements of attempted murder, specifically the intention to kill. The magistrate was not entitled to infer intention from the accused's explanation under section 112 of the Criminal Procedure Act. The conviction on the guilty plea was therefore improper and must be set aside. The matter is referred back to the magistrate for a fresh commencement.

Citation
[2003] ZAECHC 20
Parties
Respondent: THE STATE; Applicant: ZANDISILE NDYUMBU
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
17 April 2003
Case Number
R 20021774
Procedural Posture
Review Application / Review of Conviction and Sentence Following Guilty Plea in Magistrate's Court
Outcome
Conviction set aside; matter referred back to the magistrate for fresh proceedings.
Judges
C Plasket, JC Froneman
Legal Topics
Attempted Murder, Guilty Plea Procedure, Dolus Eventualis, Section 112 Criminal Procedure Act
Criminal Law Attempted Murder Guilty Plea Procedure Dolus Eventualis Section 112 Criminal Procedure Act

Case Brief

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Parties

THE STATE

Respondent

ZANDISILE NDYUMBU

Applicant

Procedural Posture

Review Application / Review of Conviction and Sentence Following Guilty Plea in Magistrate's Court

Legal Issues

  1. 1 Whether the accused admitted all elements of attempted murder in his guilty plea.
  2. 2 Whether the magistrate was entitled to infer intention (dolus eventualis) from the accused's explanation under section 112.
  3. 3 Whether the conviction on the plea of guilty was proper in law.

Ratio Decidendi

The accused did not admit all the elements of attempted murder, specifically the intention to kill. The magistrate was not entitled to infer intention from the accused's explanation under section 112 of the Criminal Procedure Act. The conviction on the guilty plea was therefore improper and must be set aside. The matter is referred back to the magistrate for a fresh commencement.

Court Disposition

Conviction set aside; matter referred back to the magistrate for fresh proceedings.

Orders

  • The conviction is set aside.
  • The matter is referred back to the magistrate to commence afresh.