Lubbe and Others v S (A586/2014) [2015] ZAGPPHC 125 (3 February 2015)

Lubbe and Others v S (A586/2014) [2015] ZAGPPHC 125 (3 February 2015)

The court found that the appellants knowingly and intentionally misrepresented themselves as registered auditors by submitting reports under Mr Levitan's name without authorisation. The evidence demonstrated that the appellants were aware of the requirements of Rule 70 and the necessity for a qualified auditor to sign off the reports. Their conduct constituted wilful deceit, causing actual and potential prejudice to the affected law firms and Mr Levitan. The court rejected the appellants' defences as improbable and found that the trial court correctly convicted them of fraud. The sentences imposed were not shockingly inappropriate given the seriousness and repeated nature of the offences.

Citation
[2015] ZAGPPHC 125
Parties
Appellant: Anthony Lubbe; Appellant: Clarence Chetty; Appellant: Joy Finance Consultants; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
3 February 2015
Case Number
A586/2014
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction and sentence dismissed.
Judges
Mudau, De Vos
Legal Topics
Fraud, Auditing Profession Act, Dolus Eventualis, Misrepresentation, Sentencing Principles
Criminal Law Commercial and Corporate Fraud Auditing Profession Act Dolus Eventualis Misrepresentation Sentencing Principles

Case Brief

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Parties

Anthony Lubbe

Appellant

Clarence Chetty

Appellant

Joy Finance Consultants

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the evidence supports the conviction of fraud against the appellants.
  2. 2 Whether the appellants possessed the necessary intention (dolus eventualis) to commit fraud.
  3. 3 Whether the sentences imposed were appropriate under the circumstances.

Ratio Decidendi

The court found that the appellants knowingly and intentionally misrepresented themselves as registered auditors by submitting reports under Mr Levitan's name without authorisation. The evidence demonstrated that the appellants were aware of the requirements of Rule 70 and the necessity for a qualified auditor to sign off the reports. Their conduct constituted wilful deceit, causing actual and potential prejudice to the affected law firms and Mr Levitan. The court rejected the appellants' defences as improbable and found that the trial court correctly convicted them of fraud. The sentences imposed were not shockingly inappropriate given the seriousness and repeated nature of the offences.

Court Disposition

Appeal against conviction and sentence dismissed.

Orders

  • The appeal against conviction and sentence by all three appellants on the six counts of fraud is dismissed.