S v Sebokolo (279/2013) [2013] ZAFSHC 199 (31 October 2013)

S v Sebokolo (279/2013) [2013] ZAFSHC 199 (31 October 2013)

The court found that the accused was prejudiced by being convicted for attempted assault, an offence not originally charged, and that the sentence condition was not in accordance with justice or section 262 of the Criminal Procedure Act. The evidence established the accused's intent to assault when breaking into the complainant's house. The conviction and sentence were set aside and substituted to reflect the correct offence and appropriate sentence condition. The accused was also declared unfit to possess a firearm under the relevant statute.

Citation
[2013] ZAFSHC 199
Parties
Applicant: The State; Respondent: Tsietsi Sebokolo
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
31 October 2013
Case Number
279/2013
Procedural Posture
Review Application / Special Review Under Section 304(1) of the Criminal Procedure Act
Outcome
Conviction and sentence set aside and substituted; accused found guilty of housebreaking with intent to commit assault and sentenced to six months imprisonment wholly suspended for three years on condition of no further conviction for housebreaking with intent to commit assault; declared unfit to possess a firearm.
Judges
L.M.S. Sesele, L.J. Lekale
Legal Topics
Housebreaking, Intent to Assault, Conviction on Alternative Offence, Suspended Sentence, Firearms Control
Criminal Law Housebreaking Intent to Assault Conviction on Alternative Offence Suspended Sentence Firearms Control

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Parties

The State

Applicant

Tsietsi Sebokolo

Respondent

Procedural Posture

Review Application / Special Review Under Section 304(1) of the Criminal Procedure Act

Legal Issues

  1. 1 Whether the accused was prejudiced by being convicted for an offence not originally charged.
  2. 2 Whether the sentence imposed by the trial court was in accordance with section 262 of the Criminal Procedure Act.
  3. 3 Whether the condition attached to the suspension of the sentence was just.

Ratio Decidendi

The court found that the accused was prejudiced by being convicted for attempted assault, an offence not originally charged, and that the sentence condition was not in accordance with justice or section 262 of the Criminal Procedure Act. The evidence established the accused's intent to assault when breaking into the complainant's house. The conviction and sentence were set aside and substituted to reflect the correct offence and appropriate sentence condition. The accused was also declared unfit to possess a firearm under the relevant statute.

Court Disposition

Conviction and sentence set aside and substituted; accused found guilty of housebreaking with intent to commit assault and sentenced to six months imprisonment wholly suspended for three years on condition of no further conviction for housebreaking with intent to commit assault; declared unfit to possess a firearm.

Orders

  • The conviction and sentence imposed by the trial court are set aside and substituted with: (1) The accused is guilty of housebreaking with the intention to commit assault. (2) The accused is sentenced to six months imprisonment wholly suspended for three years on condition that he is not convicted of housebreaking...
  • The sentence is antedated to 27 August 2013.