South Africa Case Law

S v Nzanza (R04/2023)

S v Nzanza (R04/2023) [2023] ZAFSHC 98 (15 March 2023)

Court

Free State High Court, Bloemfontein

Case number

R04/2023

Judges

Daniso, Mahlangu

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

O.I.M v S (A778/2014)

O.I.M v S (A778/2014) [2014] ZAGPPHC 930 (25 November 2014)

Court

North Gauteng High Court, Pretoria

Case number

A778/2014

Judges

Bosman, AML Phatudi

The High Court set aside a conviction for assault with intent to do grievous bodily harm after finding the guilty plea did not establish all elements of the offence.

• Assault With Intent To Do Grievous Bodily Harm
• Section 112 Statement
• Section 113 Procedure
• Sentencing
• Intention
• Misdirection

S v Phakoe (337/2012)

S v Phakoe (337/2012) [2012] ZAFSHC 228 (6 December 2012)

Court

Free State High Court, Bloemfontein

Case number

337/2012

Judges

Rampai, Jordaan

The court found that the accused did not freely and without undue influence admit all the elements of the charge, particularly unlawfulness and intent to do grievous bodily harm. The magistrate's persistent and excessive questioning, after the accused denied knowledge of unlawfulness and intent, exceeded the permissible bounds of section 112 and amounted to material irregularity. The accused's responses indicated a lack of admission of key elements, and the court failed to apply section 113 when required. Furthermore, there was insufficient evidence regarding the nature of the injuries and in…

Source excerpt

• Assault With Intent To Do Grievous Bodily Harm
• Section 112 Procedure
• Unlawfulness
• Culpability
• Section 113 Procedure

November v S (A49/2007)

November v S (A49/2007) [2011] ZAWCHC 312 (20 May 2011)

Court

Western Cape High Court, Cape Town

Case number

A49/2007

Judges

Erasmus, Fortuin

The appeal succeeded because the record of the trial proceedings was incomplete and the trial court failed to reconstruct the missing portions, despite clear legal duties to do so. The transcribed portions revealed that the appellant may have offered a defence to the charges, but the missing sections could not be evaluated. In such circumstances, the conviction and sentence cannot stand, as the appellate court cannot properly assess the fairness or correctness of the proceedings. The appropriate remedy is to set aside both the conviction and sentence, and to order that a plea of not guilty be…

Source excerpt

• Record Reconstruction
• Guilty Plea
• Section 112 Procedure
• Section 113 Procedure

S v Moloi (09/2008)

S v Moloi (09/2008) [2008] ZAFSHC 119 (25 September 2008)

Court

Free State High Court, Bloemfontein

Case number

09/2008

Judges

Mabesele, Mocumie

On automatic review, the High Court set aside a theft conviction because the accused did not admit an intention to permanently deprive the owner.

• Theft
• Intention
• Section 112 Procedure
• Section 113 Procedure
• Conviction Review
• Criminal-law