S v Segomotso (206/04) [2004] ZANWHC 44 (23 December 2004)
- Citation
- [2004] ZANWHC 44
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- North West High Court, Mafikeng
- Panel
- R D Mokgoatlheng
- Case number
- 206/04
More details
- Court
- North West High Court, Mafikeng
- Panel
- R D Mokgoatlheng
- Case number
- 206/04
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the evidence did not support a conviction for housebreaking with intent to steal and theft, as there was no direct evidence linking the accused to the breaking and entering. The accused's explanation for possession of the stolen property was not reasonably possibly true, but the absence of evidence such as fingerprints or accomplice testimony precluded a conviction for housebreaking. The facts supported a conviction for receiving stolen property knowing it to have been stolen. Accordingly, the original conviction and sentence were set aside and substituted with a conviction for receiving stolen property and a reduced sentence.
Court disposition
Conviction and sentence for housebreaking with intent to steal and theft set aside; substituted with conviction for receiving stolen property knowing it to have been stolen and sentence of nine months imprisonment.
Orders
- The conviction of housebreaking with intent to steal and theft and the sentence of eighteen months imprisonment are set aside.
- The accused is convicted of receiving stolen property knowing it to have been stolen.
- The accused is sentenced to nine months imprisonment.
02
Material facts
Parties
The State
RespondentKabelo Donald Segomotso
ApplicantAmounts and remedies
- Original Sentence Months: 18
- Substituted Sentence Months: 9
03
Procedural history
Posture
Review Application / Review of Conviction and Sentence
04
Questions and positions
Legal issues
- 01
Whether the evidence adduced at trial proved the offence of housebreaking with intent to steal and theft.
- 02
Whether the accused should have been convicted of receiving stolen property knowing it to have been stolen.
Party arguments
- Applicant
- The accused explained that he obtained the property from a friend, but failed to provide the friend's name or address. He denied involvement in the housebreaking and theft.
- Respondent
- The prosecution relied on the accused's possession of stolen property and his inability to provide a credible explanation, but did not present fingerprint or accomplice evidence linking him to the housebreaking.
05
Court’s reasoning
Legal principles
- 01
South African criminal law
A conviction for housebreaking with intent to steal and theft requires evidence directly linking the accused to the breaking and entering, such as fingerprints or accomplice testimony.
- 02
South African criminal law
Where an accused is found in possession of stolen property and cannot provide a reasonable explanation, he may be convicted of receiving stolen property knowing it to have been stolen.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the evidence did not support a conviction for housebreaking with intent to steal and theft, as there was no direct evidence linking the accused to the breaking and entering. The accused's explanation for possession of the stolen property was not reasonably possibly true, but the absence of evidence such as fingerprints or accomplice testimony precluded a conviction for housebreaking. The facts supported a conviction for receiving stolen property knowing it to have been stolen. Accordingly, the original conviction and sentence were set aside and substituted with a conviction for receiving stolen property and a reduced sentence.
Obiter and limits
- The absence of direct evidence such as fingerprints or accomplice testimony is fatal to a conviction for housebreaking.
- An accused's failure to provide a credible explanation for possession of stolen property may justify a conviction for receiving stolen property.
Court disposition
Conviction and sentence for housebreaking with intent to steal and theft set aside; substituted with conviction for receiving stolen property knowing it to have been stolen and sentence of nine months imprisonment.
- The conviction of housebreaking with intent to steal and theft and the sentence of eighteen months imprisonment are set aside.
- The accused is convicted of receiving stolen property knowing it to have been stolen.
- The accused is sentenced to nine months imprisonment.
Source and reliance status
North West High Court, Mafikeng
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
North West High Court, Mafikeng
Judgment
IN THE HIGH COURT
OF SOUTH AFRICA
(BOPHUTHATSWANA PROVINCIAL DIVISION)
CA NO.: 206/04
In the matter between:
THE STATE
AND
KABELO
DONALD SEGOMOTSO
REVIEW JUDGEMENT
MOKGOATLHENG AJ:
[1] This is a review of case A597/04 emanating from the Magisterial District of Taung. This case was heard before Magistrate M S Tsatsi.
[2] The accused was convicted of housebreaking with the intent to steal and theft.
[3] On the 29th November 2004, the accused was sentenced to eighteen (18) months imprisonment.
[4] The evidence adduced at the trial does not sustain nor prove the offence which the accused is charged of.
[5] The offence occurred on the 28th â 30th August 2004. The accused was found in possession of some of the property belonging to the complainant whose school offices were broken into. Accusedâs explanation was that he obtained this property from a friend. He did not mention this friendâs name or address. There is no evidence linking the accused with the housebreaking, like finger prints or accomplice evidence.
[6] The accusedâs explanation was correctly found not to be reasonably possibly true, but he should have been found guilty of the offence of receiving stolen property knowing it to have been stolen.
[7] In the premises the conviction of the offence of housebreaking with the intent to steal and theft, and the sentence of eighteen (18) months is set aside and substituted with the following:
âThe accused is convicted of receiving stolen property knowing it to have been stolen and is sentence to nine (9) months imprisonmentâ.
______
R D MOKGOATLHENG
ACTING JUDGE OF THE HIGH
OURT
DATED : 23 DECEMBER 2004
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