S v Mokgoko (A853/14)
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
- Drugs And Drug Trafficking Act
- Plea Procedure
- Mens Rea
- Conviction On Guilty Plea
- Remittal For Trial