S v Phiri (M772/06) [2007] ZAGPHC 75 (11 June 2007)

S v Phiri (M772/06) [2007] ZAGPHC 75 (11 June 2007)

The magistrate failed to comply with section 113 of the Criminal Procedure Act 51 of 1977 by not entering a plea of not guilty when the accused's answers did not establish all the requirements for a competent verdict. The record does not show that the accused was properly informed of competent verdicts. As a result, the conviction and sentence are set aside, and the matter is referred back to the trial court to act in accordance with section 113(1) of the Act.

Citation
[2007] ZAGPHC 75
Parties
Applicant: The State; Respondent: Elvis Frans Phiri
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
11 June 2007
Case Number
M772/06
Procedural Posture
Criminal Review / Review After Conviction and Sentence
Outcome
Conviction and sentence set aside; matter referred back for proper procedure under section 113(1) of Act 51 of 1977.
Judges
B.R. Southwood, J.R. Murphy
Legal Topics
Plea Procedure, Competent Verdicts, Section 113 Criminal Procedure Act, Possession of Stolen Property
Criminal Law Plea Procedure Competent Verdicts Section 113 Criminal Procedure Act Possession of Stolen Property

Case Brief

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Parties

The State

Applicant

Elvis Frans Phiri

Respondent

Procedural Posture

Criminal Review / Review After Conviction and Sentence

Legal Issues

  1. 1 Whether the magistrate followed the correct procedure after the accused pleaded guilty.
  2. 2 Whether the requirements for a competent verdict were established during questioning.
  3. 3 Whether the accused was properly informed of competent verdicts.

Ratio Decidendi

The magistrate failed to comply with section 113 of the Criminal Procedure Act 51 of 1977 by not entering a plea of not guilty when the accused's answers did not establish all the requirements for a competent verdict. The record does not show that the accused was properly informed of competent verdicts. As a result, the conviction and sentence are set aside, and the matter is referred back to the trial court to act in accordance with section 113(1) of the Act.

Court Disposition

Conviction and sentence set aside; matter referred back for proper procedure under section 113(1) of Act 51 of 1977.

Orders

  • The conviction and sentence are set aside.
  • The matter is referred back to the court a quo to act in terms of section 113(1) of Act 51 of 1977 in the light of this judgment.