South Africa: North West High Court, Mafikeng

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S v Segomotso (206/04) [2004] ZANWHC 44 (23 December 2004)

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IN THE HIGH COURT OF SOUTH AFRICA

(BOPHUTHATSWANA PROVINCIAL DIVISION)

CA NO.: 206/04


In the matter between:


THE STATE


AND


KABELO DONALD SEGOMOTSO


REVIEW JUDGEMENT



MOKGOATLHENG AJ:


[1] This is a review of case A597/04 emanating from the Magisterial District of Taung. This case was heard before Magistrate M S Tsatsi.


[2] The accused was convicted of housebreaking with the intent to steal and theft.


[3] On the 29th November 2004, the accused was sentenced to eighteen (18) months imprisonment.


[4] The evidence adduced at the trial does not sustain nor prove the offence which the accused is charged of.


[5] The offence occurred on the 28th – 30th August 2004. The accused was found in possession of some of the property belonging to the complainant whose school offices were broken into. Accused’s explanation was that he obtained this property from a friend. He did not mention this friend’s name or address. There is no evidence linking the accused with the housebreaking, like finger prints or accomplice evidence.


[6] The accused’s explanation was correctly found not to be reasonably possibly true, but he should have been found guilty of the offence of receiving stolen property knowing it to have been stolen.


[7] In the premises the conviction of the offence of housebreaking with the intent to steal and theft, and the sentence of eighteen (18) months is set aside and substituted with the following:

“The accused is convicted of receiving stolen property knowing it to have been stolen and is sentence to nine (9) months imprisonment”.







______________________

R D MOKGOATLHENG

ACTING JUDGE OF THE HIGH OURT







DATED : 23 DECEMBER 2004