S v Nthama (HC 12 /2023) [2023] ZANWHC 202 (1 November 2023)

S v Nthama (HC 12 /2023) [2023] ZANWHC 202 (1 November 2023)

The trial magistrate failed to ascertain that the accused admitted all the elements of the crime of housebreaking, particularly the intent to commit a crime. The accused's written statement indicated he had no intention to commit a crime and was merely looking for scrap metal, which does not satisfy the essential elements of housebreaking. The proceedings were irregular and not in accordance with justice. Consequently, both the conviction and sentence must be set aside. Remitting the matter for retrial would serve no practical purpose and would be prejudicial to the accused.

Citation
[2023] ZANWHC 202
Parties
Applicant: The State; Respondent: Tshepo Alfred Nthama
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
1 November 2023
Case Number
HC 12 /2023
Procedural Posture
Criminal Review / Special Review
Outcome
The proceedings, conviction, and sentence against the accused are reviewed and set aside.
Judges
DJAJE, MFENYANA
Legal Topics
Criminal Procedure Act Section 112, Guilty Plea, Elements of Offence, Housebreaking, Review Proceedings
Criminal Law Criminal Procedure Act Section 112 Guilty Plea Elements of Offence Housebreaking Review Proceedings

Case Brief

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Parties

The State

Applicant

Tshepo Alfred Nthama

Respondent

Procedural Posture

Criminal Review / Special Review

Legal Issues

  1. 1 Whether the accused admitted all the elements of the offence of housebreaking with intent to commit a crime unknown to the State.
  2. 2 Whether the conviction and sentence were in accordance with justice given the accused's written statement and responses.
  3. 3 Whether the proceedings should be set aside due to irregularity.

Ratio Decidendi

The trial magistrate failed to ascertain that the accused admitted all the elements of the crime of housebreaking, particularly the intent to commit a crime. The accused's written statement indicated he had no intention to commit a crime and was merely looking for scrap metal, which does not satisfy the essential elements of housebreaking. The proceedings were irregular and not in accordance with justice. Consequently, both the conviction and sentence must be set aside. Remitting the matter for retrial would serve no practical purpose and would be prejudicial to the accused.

Court Disposition

The proceedings, conviction, and sentence against the accused are reviewed and set aside.

Orders

  • The proceedings against the accused, Tshepo Alfred Nthama under case number RE2781/19 are reviewed and set aside.
  • The conviction and sentence are set aside.