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South Africa decisions
Decisions matching the current search
S v Mbonjeni (R85/2021) [2021] ZAFSHC 358 (12 November 2021)
The High Court set aside a culpable homicide conviction because the section 112(2) guilty-plea statement lacked sufficient facts to show negligence.
S v Rendani (82/2017) [2017] ZALMPTHC 13 (1 November 2017)
High Court review confirming a magistrate’s conviction and sentence after a guilty plea to assault with intent to do grievous bodily harm.
S v Molefe (281/17) [2017] ZAGPPHC 867 (16 October 2017)
The court found that the section 112(2) statement was insufficient as it merely repeated the charge sheet and failed to provide the factual matrix required for a valid guilty plea. The absence of the Prosecutor's acceptance of the plea was noted but deemed immaterial since the plea itself was defective. Consequently, the conviction and sentence could not stand and the matter had to be remitted to the trial court to comply with section 113(1) of the Criminal Procedure Act.
Source excerpt
Moshata and Another v S (A2/2011) [2012] ZAFSHC 119 (21 June 2012)
High Court review of a robbery conviction and sentence was dismissed after the court held that a section 112(2) statement did not require oral confirmation in the circumstances.
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