S v Sisir (R238/2018) [2018] ZAFSHC 211 (24 December 2018)

S v Sisir (R238/2018) [2018] ZAFSHC 211 (24 December 2018)

The court held that section 113 of the Criminal Procedure Act should have been applied by the magistrate before passing sentence, as the accused's explanation may constitute a valid defence. Since sentence had not yet been passed, the magistrate was obliged to record a plea of not guilty and allow the prosecution to proceed. The matter was therefore remitted to the magistrate to apply section 113 and proceed in accordance with the law.

Citation
[2018] ZAFSHC 211
Parties
Applicant: The State; Respondent: Jone Hassan Sisir
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
24 December 2018
Case Number
R238/2018
Procedural Posture
Review Application / Special Review Before Sentence
Outcome
The matter is remitted to the magistrate to apply section 113 of the Criminal Procedure Act and proceed in accordance with the law.
Judges
C. J. Musi
Legal Topics
Plea of Guilty, Section 113 Criminal Procedure Act, Possession of Dagga, Asylum Permit Expiry
Criminal Law Plea of Guilty Section 113 Criminal Procedure Act Possession of Dagga Asylum Permit Expiry

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

The State

Applicant

Jone Hassan Sisir

Respondent

Procedural Posture

Review Application / Special Review Before Sentence

Legal Issues

  1. 1 Whether the accused's explanation regarding his expired asylum permit constitutes a valid defence to the charge under section 49(1)(a) of Act 13 of 2002.
  2. 2 Whether the magistrate should have applied section 113 of the Criminal Procedure Act before passing sentence.

Ratio Decidendi

The court held that section 113 of the Criminal Procedure Act should have been applied by the magistrate before passing sentence, as the accused's explanation may constitute a valid defence. Since sentence had not yet been passed, the magistrate was obliged to record a plea of not guilty and allow the prosecution to proceed. The matter was therefore remitted to the magistrate to apply section 113 and proceed in accordance with the law.

Court Disposition

The matter is remitted to the magistrate to apply section 113 of the Criminal Procedure Act and proceed in accordance with the law.

Orders

  • The matter is remitted to the Magistrate Jagersfontein to deal therewith in accordance with this judgment and the law.