Mncube v S (A71/2017)
Mncube v S (A71/2017) [2019] ZAMPMHC 7 (15 October 2019)
The court held that contravening section 37 of Act 62 of 1955 is a competent verdict on a charge of housebreaking with intent to steal and theft, as theft and housebreaking are separate offences and competent verdicts for theft apply. A guilty plea to a competent verdict is permissible without evidence being led, provided the prosecutor accepts the plea and admissions made in the plea statement constitute sufficient proof. The trial court overemphasised the appellant's previous convictions, some of which were older than ten years and should not have been considered for sentencing. The sentenc…
Source excerpt
- Competent Verdicts
- Receiving Stolen Property
- Sentencing Principles
- Role Of Previous Convictions
- Housebreaking And Theft