About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: Free State High Court, Bloemfontein
SAFLII
>>
Databases
>>
South Africa: Free State High Court, Bloemfontein
>>
2007
>>
[2007] ZAFSHC 76
|
|
S v Motsamai (1335/2006) [2007] ZAFSHC 76 (1 February 2007)
IN THE HIGH COURT
OF SOUTH AFRICA
(ORANGE FREE STATE
PROVINCIAL DIVISION)
Review Case No.:
1335/2006
In
the case between:
THE STATE
and
THABO MOTSAMAI
CORAM:
VAN DER MERWE, J
et
VAN ZYL, J
JUDGEMENT:
VAN DER MERWE, J
_____________________________________________________
DELIVERED ON:
1 FEBRUARY 2007
_____________________________________________________
[1] In consequence of his
plea of guilty, the accused was convicted of housebreaking with
intent to steal and theft and was sentenced
to 6 months imprisonment.
[2] When the charge was
put to the accused, he pleaded guilty on the basis thereof that 4
bottles of liquor were involved and not
6 as stated in the charge
sheet. However, during questioning in terms of section 112(1)(b) of
the Criminal Procedure Act, he said
that when he and his companion
reached the building in question, they found that a windowpane had
already been removed and that they
entered into the building through
this opening. He said that he and his companion then removed the
bottles of liquor. However,
the accused said that he thought that
the liquor belonged to his companion, that he did not at the time
realise that he was committing
an offence, that he had the permission
of the owner thereof, that is his companion, to do so and that he did
not have the intention
to deprive the owner of the liquor thereof.
[2] From what is stated
above it is clear that whatever one may think of the veracity of the
statements of the accused, he did not
admit to housebreaking nor
theft. A plea of not guilty should have been entered in terms of
section 113 of the Criminal Procedure
Act. This is acknowledged by
the magistrate upon enquiry. The conviction and sentence must
therefore be set aside. In terms of
section 312 of the Criminal
Procedure Act, the matter must be remitted to the magistrate.
[3] In the result the
conviction and sentence are set aside and the matter is remitted to
the magistrate in terms of section 312 of
Act Nr. 51 of 1977.
________________________
C.H.G.
VAN DER MERWE, J
I
concur.
_____________
C. VAN ZYL, J
/em