S v Brown (CC 50/2010) [2013] ZAWCHC 210 (18 April 2013)
- Citation
- [2013] ZAWCHC 210
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Western Cape High Court, Cape Town
- Panel
- Veldhuizen
- Case number
- CC 50/2010
More details
- Court
- Western Cape High Court, Cape Town
- Panel
- Veldhuizen
- Case number
- CC 50/2010
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the prosecution's concession regarding the lack of intention to defraud on count 1 and insufficient evidence on counts 3, 4, 5, 7, 8 and 9 was justified. The accused was acquitted on these counts. The admissions contained in exhibit 'E1' were sufficient to establish guilt on counts 2 and 6, and the accused was convicted accordingly. The court did not elaborate further on the basis for conviction, as the admissions covered all necessary elements of the offences charged in counts 2 and 6.
Court disposition
The accused is acquitted on counts 1, 3, 4, 5, 7, 8 and 9. The accused is convicted on counts 2 and 6.
Orders
- The accused is found not guilty on counts 1, 3, 4, 5, 7, 8 and 9.
- The accused is found guilty on counts 2 and 6.
02
Material facts
Parties
THE STATE
Applicant Counsel: Adv van VuurenJOSEPH ARTHUR WALTER BROWN
Respondent03
Procedural history
Posture
Criminal Trial / Judgment
04
Questions and positions
Legal issues
- 01
Whether the accused had the necessary intention to commit fraud on count 1.
- 02
Whether the evidence is sufficient to sustain convictions on counts 3, 4, 5, 7, 8 and 9.
- 03
Whether the admissions made by the accused are sufficient to found convictions on counts 2 and 6.
Party arguments
- Applicant
- The prosecution conceded that the evidence regarding count 1 does not prove the accused had the necessary intention to defraud. Regarding counts 3, 4, 5, 7, 8 and 9, the evidence is insufficient to sustain convictions. The prosecution accepted the admissions made by the accused in exhibit 'E1' as sufficient for conviction on counts 2 and 6.
- Respondent
- The accused made admissions and changed his plea to guilty on counts 2 and 6. He did not admit sufficient facts for conviction on those counts initially, but later submitted an amended statement of admissions (exhibit 'E1'). The accused did not contest the prosecution's concessions regarding the other counts.
05
Court’s reasoning
Legal principles
- 01
Common law
A conviction for fraud requires proof of intention to defraud.
- 02
S v M 1972 (3) SA 766 (A)
Admissions made by an accused may be sufficient to found a conviction if they cover all elements of the offence.
- 03
S v Lubaxa 2001 (2) SACR 703 (SCA)
Where the prosecution concedes insufficient evidence, the accused is entitled to acquittal on those counts.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the prosecution's concession regarding the lack of intention to defraud on count 1 and insufficient evidence on counts 3, 4, 5, 7, 8 and 9 was justified. The accused was acquitted on these counts. The admissions contained in exhibit 'E1' were sufficient to establish guilt on counts 2 and 6, and the accused was convicted accordingly. The court did not elaborate further on the basis for conviction, as the admissions covered all necessary elements of the offences charged in counts 2 and 6.
Obiter and limits
- The court noted that it was not necessary to elaborate on the exact basis for conviction where the admissions are sufficient.
- The prosecution's willingness to concede on insufficient evidence is commended as proper practice.
Court disposition
The accused is acquitted on counts 1, 3, 4, 5, 7, 8 and 9. The accused is convicted on counts 2 and 6.
- The accused is found not guilty on counts 1, 3, 4, 5, 7, 8 and 9.
- The accused is found guilty on counts 2 and 6.
Source and reliance status
Western Cape High Court, Cape Town
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Western Cape High Court, Cape Town
Judgment
THE REPUBLIC OF
SOUTH AFRICA
IN THE HIGH COURT
OF SOUTH AFRICA
WESTERN CAPE HIGH COURT, CAPE TOWN
CASE NO: CC 50/2010
DATE: 18 APRIL 2013
In the matter between:
THE STATE
And
JOSEPH ARTHUR
WALTER BROWN
JUDGMENT: 18 APRIL 2013
VELDHUIZEN J:
[1] The accused is indicted before this court on four counts of fraud, two counts of theft, one count of contravening section 1(1)(a) of the Corruption Act, No. 94 of 1992, one count of contravening section 3(b)(ii)(aa) and/or (bb) and/or (cc) and/or 3(b)(iv) or the Prevention and Combating Corrupt Activities Act, No. 12 of 2004 and lastly a contravention of section 4(a) and or 4(b) of the Prevention of Organised Crime Act, No. 121 of 1998.
[2] Some evidence was presented to us on certain counts, especially counts 1, 2 and 3. The accused then made certain admissions, exh ‘E’, and then changed his plea to one of guilty on counts 2 and 6. The state closed its case and the accused followed suit. We were not satisfied that the facts admitted by the accused were sufficient to found convictions on counts 2 and 6. An amended statement of admissions were thereupon handed in by the accused. These are contained in exh ‘E1’.
[3] Adv van Vuuren for the prosecution conceded that the evidence regarding count 1 does not prove that the accused had the necessary intention to defraud and as regards counts 3, 4, 5, 7, 8 and 9 is not sufficient to sustain convictions on these counts. In our view this concession is amply justified. The accused is accordingly entitled to be acquitted on these counts and he is found not guilty on counts 1, 3, 4, 5, 7, 8 and 9.
[4] We are satisfied that the admitted facts contained in exh ‘E1’ are sufficient to found a conviction on counts 2 and 6 of the indictment. We do not find it necessary at this stage to elaborate on the exact basis for this. The accused is, therefore and in accordance with his plea, found guilty on counts 2 and 6 of the indictment.
A.H. VELDHUIZEN,
J
JUDGE OF THE HIGH
COURT
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