S v Olyn and Another (22/2001) [2001] ZANCHC 7 (4 May 2001)

S v Olyn and Another (22/2001) [2001] ZANCHC 7 (4 May 2001)

The court found that the Magistrate's questioning did not sufficiently establish the accused's knowledge of unlawfulness, as their statements that they were not entitled to slaughter the goats did not amount to an unequivocal admission that they knew their conduct was criminal. Furthermore, the accused were not informed of the possibility of paying the fine in instalments as required by section 297(5)(b) of Act 51 of 1977. The conviction and sentence were therefore set aside and the matter remitted for proper compliance with section 112(1)(b) and, if necessary, section 312(2) of Act 51 of 1977. If a conviction follows and a fine is imposed, the Magistrate must apply section 297(5)(b).

Citation
[2001] ZANCHC 7
Parties
Applicant: The State; Respondent: Jan Olyn; Respondent: Kerneels Cornelius Witbooi
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
4 May 2001
Case Number
221/2001
Procedural Posture
Review Application / Review of Conviction and Sentence After Guilty Plea
Outcome
Conviction and sentence set aside; matter remitted to Magistrate for proper compliance with statutory provisions.
Judges
S.A. Majiedt, F.D. Kgomo
Legal Topics
Stock Theft, Section 112 1 B Procedure, Knowledge of Unlawfulness, Sentencing, Deferred Payment of Fine
Criminal Law Stock Theft Section 112 1 B Procedure Knowledge of Unlawfulness Sentencing Deferred Payment of Fine

Case Brief

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Parties

The State

Applicant

Jan Olyn

Respondent

Kerneels Cornelius Witbooi

Respondent

Procedural Posture

Review Application / Review of Conviction and Sentence After Guilty Plea

Legal Issues

  1. 1 Whether the section 112(1)(b) questioning was sufficient to establish the guilt of the accused.
  2. 2 Whether the accused admitted all essential elements of the offence, specifically knowledge of unlawfulness.
  3. 3 Whether the accused were properly informed of the possibility of paying the fine in instalments under section 297(5)(b) of Act 51 of 1977.

Ratio Decidendi

The court found that the Magistrate's questioning did not sufficiently establish the accused's knowledge of unlawfulness, as their statements that they were not entitled to slaughter the goats did not amount to an unequivocal admission that they knew their conduct was criminal. Furthermore, the accused were not informed of the possibility of paying the fine in instalments as required by section 297(5)(b) of Act 51 of 1977. The conviction and sentence were therefore set aside and the matter remitted for proper compliance with section 112(1)(b) and, if necessary, section 312(2) of Act 51 of 1977. If a conviction follows and a fine is imposed, the Magistrate must apply section 297(5)(b).

Court Disposition

Conviction and sentence set aside; matter remitted to Magistrate for proper compliance with statutory provisions.

Orders

  • The conviction and sentence of both accused are set aside.
  • The matter is remitted to the Magistrate for proper compliance with section 112(1)(b) of Act 51 of 1977 and, if necessary, section 312(2) of Act 51 of 1977.