Guilty Plea in terms of Section 112(2) Act 51 of 1977 (Concepts)
Guilty Plea in terms of Section 112(2) Act 51 of 1977
A few notes of importance here:
A Guilty plea normally consist out of 3 distinct parts,
1. The Declaration Part - so called intro
In this part the accused declares the following:
[A] That he is the accused in the matter, and that he understands the charges against him
[B] That he is at his full sober senses and that he is making this statement freely and voluntarily and that he has not been unduly influenced in any way to make this statement.
2. The Formal Admission Of The Elements:
In This section the statement will admit to all the elements formally required:
[C] I plead guilty to the charge of Robbery with Aggravated Circumstances as described in Section 1 of Act 51 of 1977 and further admit that I on or about Friday the 13th of January 2008 at or near Pete’s Liquor Store, Short Street 5, Cape Town in the Region of the Western Cape, I unlawfully and Intentionally threatened Mr Pete by Pointing a AK47 Machine Gun at him and whereby I made him believe that if he should fail to hand over the till money immediately an act physical violence will follow or will be committed against him, which act persuaded Mr Pete to hand over R30 000 in cash the property of Mr Pete and/or in his lawful possession.
3. The Story
In this part you tell the whole story as it actually happened >> Ofcourse as per your clients instructions...
[D] On the very fine Friday the 13th, January 2008 I decided that I want to rob a liquor store. I needed some cash since my bank account was running low and my drug habbit was not getting any better either.
I borrowed my mothers AK47, and went to Pete’s Liquor store which is just around the corner of my house. Once I arrived there I pointed the gun at Pete and told him to hand over the till money immediately.
Mr Pete got such a freight that he handed the money immediately. I took the money and ran out the store.
I fogot that Pete actually knows me and knows where I live. That happens when you are high on drugs. The Police arrived a few minutes later and arrested me.
The police searched my house and found the R30 000 in cash under my Pillow.
At the time I took the money, I had the intention to permanently deprive Mr. Pete of his ownership there on.
I am terribly sorry, and ask the court for forgiveness.
Last Updated ( Sunday, 13 September 2009 12:26 )