S v Lubbe (365/1983) [1986] ZASCA 33 (26 March 1986)

S v Lubbe (365/1983) [1986] ZASCA 33 (26 March 1986)

The court found that the appellant's original intention was to acquire 100 cases of whisky for Bodega, and that this intention persisted until the intervention of the police. The evidence of Mrs Lubbe supported the appellant's version that the whisky was meant for Bodega and that the sale of the additional five cases to Mrs Swanepoel was done with the implied authority of Bodega's management. The court held that the appellant did not act in his personal capacity, and there was no credible evidence that he intended to sell or possess the whisky unlawfully. The statutory presumption under Section 123(c) did not apply, as the liquor was not found on the appellant's premises, and the...

Citation
[1986] ZASCA 33
Parties
Appellant: Johannes Jakobus Frederick Lubbe; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 March 1986
Case Number
365/1983
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
Appeal upheld; convictions and sentences set aside.
Judges
Joubert, Trengove, Van Heerden
Legal Topics
Liquor Licensing, Unlawful Possession, Sale Without Licence, Burden of Proof, Agency and Authority
Criminal Law Liquor Licensing Unlawful Possession Sale Without Licence Burden of Proof Agency and Authority

Case Brief

Summary, issues, holding and outcome

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Parties

Johannes Jakobus Frederick Lubbe

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant unlawfully sold and possessed liquor without the required licence.
  2. 2 Whether the appellant acted in his personal capacity or as agent for Bodega in the sale and possession of whisky.
  3. 3 Whether the appellant's explanation for possession of the whisky was credible and sufficient to rebut the presumption of unlawful intent.

Ratio Decidendi

The court found that the appellant's original intention was to acquire 100 cases of whisky for Bodega, and that this intention persisted until the intervention of the police. The evidence of Mrs Lubbe supported the appellant's version that the whisky was meant for Bodega and that the sale of the additional five cases to Mrs Swanepoel was done with the implied authority of Bodega's management. The court held that the appellant did not act in his personal capacity, and there was no credible evidence that he intended to sell or possess the whisky unlawfully. The statutory presumption under Section 123(c) did not apply, as the liquor was not found on the appellant's premises, and the...

Court Disposition

Appeal upheld; convictions and sentences set aside.

Orders

  • The appeal succeeds.
  • The convictions and sentences against the appellant are set aside.