S v Molefe (281/17)
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
- Culpable Homicide
- Plea Procedure
- Section 112 2 Statement
- Section 113 1 Correction