S v Ngalo (133/2011) [2011] ZAFSHC 96 (21 April 2011)

S v Ngalo (133/2011) [2011] ZAFSHC 96 (21 April 2011)

The court found that the conviction and sentence for theft on count 2 were proper and in accordance with justice. However, the conviction and sentence for contravention of section 82 of Act 129 of 1993 were a glaring and unexplained error, as the accused had already been discharged on that count under section 174 of the Criminal Procedure Act. The court set aside the conviction and sentence for contravention of section 82, confirming only the conviction and sentence for theft.

Citation
[2011] ZAFSHC 96
Parties
Applicant: THE STATE; Respondent: BENJAMIN MONGEZI NGALO
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
21 April 2011
Case Number
133/2011
Procedural Posture
Criminal Review / Special Review After Conviction and Sentence
Outcome
Conviction and sentence for theft on count 2 confirmed; conviction and sentence for contravention of section 82 of Act 129 of 1993 set aside.
Judges
Van der Merwe, C J Musi
Legal Topics
Criminal Procedure Act Section 174, General Law Amendment Act Section 82, Theft, Possession of Break Instruments
Criminal Law Criminal Procedure Act Section 174 General Law Amendment Act Section 82 Theft Possession of Break Instruments

Case Brief

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Parties

THE STATE

Applicant

BENJAMIN MONGEZI NGALO

Respondent

Procedural Posture

Criminal Review / Special Review After Conviction and Sentence

Legal Issues

  1. 1 Whether the conviction and sentence for contravention of section 82 of Act 129 of 1993 was valid after the accused was discharged on that count.
  2. 2 Whether the conviction and sentence for theft on count 2 was in accordance with justice.

Ratio Decidendi

The court found that the conviction and sentence for theft on count 2 were proper and in accordance with justice. However, the conviction and sentence for contravention of section 82 of Act 129 of 1993 were a glaring and unexplained error, as the accused had already been discharged on that count under section 174 of the Criminal Procedure Act. The court set aside the conviction and sentence for contravention of section 82, confirming only the conviction and sentence for theft.

Court Disposition

Conviction and sentence for theft on count 2 confirmed; conviction and sentence for contravention of section 82 of Act 129 of 1993 set aside.

Orders

  • The conviction and sentence in respect of count 2 as charged are confirmed.
  • The conviction and sentence in respect of the contravention of section 82 of Act 129 of 1993 are set aside.