S v Nzanza (R04/2023)
S v Nzanza (R04/2023) [2023] ZAFSHC 98 (15 March 2023)
The court found that the accused's section 112(2) statement did not admit the essential element of intention to permanently deprive the owner of the cell phone. The accused explained he took the phone for safekeeping and returned it the next day, which raised a defence to the charge of theft. The presiding magistrate misdirected himself by convicting the accused on a plea statement that did not establish all elements of the offence beyond reasonable doubt. In such circumstances, section 113 of the Criminal Procedure Act requires the court to record a plea of not guilty and allow the prosecuti…
Source excerpt
- Theft
- Intention To Permanently Deprive
- Guilty Plea Procedure
- Section 112 Statement
- Section 113 Procedure