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South Africa: Free State High Court, Bloemfontein
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2012
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[2012] ZAFSHC 214
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S v Matsoso (420/2012) [2012] ZAFSHC 214 (22 November 2012)
FREE STATE HIGH
COURT, BLOEMFONTEIN
REPUBLIC OF SOUTH
AFRICA
Review No. : 420/2012
In
the review between:-
THE
STATE
and
POLOKO MATSOSO
_____________________________________________________
CORAM:
KRUGER,
J
et
MOLEMELA, J
_____________________________________________________
JUDGMENT
BY:
KRUGER, J
_____________________________________________________
DELIVERED
ON:
22 NOVEMBER 2012
_____________________________________________________
[1] This is a special
review. Accused pleaded guilty and was convicted on a count of
housebreaking with intent to steal and theft.
The accused admitted
two relevant previous convictions. The State requested a
pre-sentence report with a view to a possible sentence
of
correctional supervision. From the report it appeared that the
accused denied the commission of the offence to the correctional
officer. The magistrate questioned the accused on his plea of guilty
and the accused told the magistrate that he had been forced
by the
investigating officer to plead guilty.
[2] The magistrate
requests, in view of the fact that he is now aware of the previous
convictions of the accused, that this court
set aside the conviction
and remit the matter for trial before another magistrate.
[3]
ORDER
1. The conviction of the
accused by magistrate A.D. van der Merwe is set aside.
2. The accused’s
plea of guilty is set aside.
3. The trial is to
commence afresh before another judicial officer.
__________
KRUGER
I
agree.
_________________
M.B. MOLEMELA, J
/sp