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South Africa decisions
Decisions matching the current search
Masango v S (A25/2023) [2024] ZAGPJHC 571 (31 May 2024)
The High Court set aside a murder conviction because the guilty-plea statement did not admit the burning alleged in the charge sheet.
Rupiya v S (03/2017) [2017] ZANWHC 85 (15 December 2017)
High Court review set aside guilty-plea convictions because the section 112(1)(b) inquiry was too leading and did not secure clear admissions of all offence elements.
S v Mokgoko (A853/14) [2014] ZAGPPHC 950 (17 November 2014)
The accused's statement did not admit the essential element of knowledge of unlawfulness required for conviction under the Drugs and Drug Trafficking Act. The presiding magistrate failed to alter the plea to not guilty despite the absence of mens rea, resulting in an incompetent conviction and sentence. The proceedings were not in accordance with justice and must be set aside. The matter is remitted to the magistrate to record a plea of not guilty and proceed with the trial.
Source excerpt
S v Eyman (140007) [2014] ZAECGHC 22 (17 February 2014)
The High Court set aside a guilty-plea conviction after it emerged that the person in the dock was not Edgar Eyman but another man who had assumed his identity.
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