S v Ngwana (A425/08) [2008] ZAGPHC 166 (2 June 2008)

S v Ngwana (A425/08) [2008] ZAGPHC 166 (2 June 2008)

The court found that the record did not clearly indicate that the accused intended to plead guilty to assault with intent to do grievous bodily harm. The presiding magistrate conceded that the conviction should have been for common assault. The Deputy Director of Public Prosecutions concurred. Accordingly, the court inferred that the accused intended to plead guilty to common assault and not the more serious charge. The convictions for assault with intent to do grievous bodily harm were set aside and substituted with convictions for common assault. The sentence was also altered to reflect the lesser charge, maintaining the original terms but applying them to common assault.

Citation
[2008] ZAGPHC 166
Parties
Respondent: The State; Appellant: Madala Phillip Ngwana
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
2 June 2008
Case Number
A425/08
Procedural Posture
Criminal Review / Review Judgment
Outcome
Convictions for assault with intent to do grievous bodily harm set aside and substituted with convictions for common assault. Sentence altered accordingly.
Judges
B.R. Southwood, C. Pretorius
Legal Topics
Assault With Intent to Do Grievous Bodily Harm, Common Assault, Plea of Guilty, Conviction Substitution
Criminal Law Assault With Intent to Do Grievous Bodily Harm Common Assault Plea of Guilty Conviction Substitution

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

Respondent

Madala Phillip Ngwana

Appellant

Procedural Posture

Criminal Review / Review Judgment

Legal Issues

  1. 1 Whether the accused's plea of guilty was to assault with intent to do grievous bodily harm or to common assault.
  2. 2 Whether the conviction for assault with intent to do grievous bodily harm was correct in light of the plea and record.
  3. 3 Whether the sentence imposed was appropriate given the correct charge.

Ratio Decidendi

The court found that the record did not clearly indicate that the accused intended to plead guilty to assault with intent to do grievous bodily harm. The presiding magistrate conceded that the conviction should have been for common assault. The Deputy Director of Public Prosecutions concurred. Accordingly, the court inferred that the accused intended to plead guilty to common assault and not the more serious charge. The convictions for assault with intent to do grievous bodily harm were set aside and substituted with convictions for common assault. The sentence was also altered to reflect the lesser charge, maintaining the original terms but applying them to common assault.

Court Disposition

Convictions for assault with intent to do grievous bodily harm set aside and substituted with convictions for common assault. Sentence altered accordingly.

Orders

  • The convictions for assault with intent to do grievous bodily harm are set aside and substituted with convictions on two counts of common assault.
  • The sentence is set aside and substituted with: 'R 1 000 (one thousand Rand) or 6 (six) months imprisonment wholly suspended for a period of 3 (three) years on condition that the accused is not found guilty of assault committed during the period of suspension.'