Law Reports
S v Masemola (A413/2010) [2010] ZAGPPHC 569 (30 …

S v Masemola (A413/2010) [2010] ZAGPPHC 569 (30 May 2010)

40 Reportability

Criminal Procedure

Brief Summary

Criminal Procedure — Discharge — Application for discharge in terms of s 174 of the Criminal Procedure Act — Magistrate finding accused guilty instead of ruling on discharge application — Conviction set aside due to procedural irregularity. The accused was charged with rape, and at the close of the State's case, his legal representative sought a discharge. The Magistrate erroneously convicted the accused without addressing the discharge application. The High Court reviewed the matter and determined that the conviction could not stand, leading to its setting aside.

Full Judgment Text (Click to expand)

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[2010] ZAGPPHC 569
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S v Masemola (A413/2010) [2010] ZAGPPHC 569 (30 May 2010)

Case
No: A413/10
J4(81
/800209)
High Court Ref. No
521
Magistrate’s
Serial No. 01/2010
Date: 30 May 2010
Case
No RC46 of 2008
THE STATE
Vs
CARL
DAVID MASEMOLA
REVIEW
JUDGMENT
The accused was
charged with rape allegedly committed on 01 February 2008.
At the end of the
State’s case the accused’s legal representative asked for
discharge i.t.o s174 of the Criminal Procedure
Act.
Instead of deciding
on discharge or not, the Magistrate proceeded to find the accused
guilty as charged.
Obviously this
conviction can not stand.
The Magistrate
realised her mistake and on the review made the following note:
“Magistrate have found the accused guilty of
rape as charged
instead of turning down the application by the defence for the
discharge of the accused at that stage of the proceedings.”
The conviction is
set aside.
AA LOUW
JUDGE OF THE HIGH
COURT
I agree
TJ RAULINGA
JUDGE OF THE HIGH
COURT

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