S v Mokone (954/2004) [2004] ZAFSHC 73 (29 July 2004)

S v Mokone (954/2004) [2004] ZAFSHC 73 (29 July 2004)

The State failed to present direct evidence that the accused herself supplied liquor to persons under the age of 18, despite having obtained statements from minors who allegedly consumed liquor on the premises. The presence of another person selling liquor and the absence of direct testimony from the minors created reasonable doubt. The State did not discharge its burden of proof beyond reasonable doubt. Consequently, the conviction and sentence cannot stand and must be set aside.

Citation
[2004] ZAFSHC 73
Parties
Applicant: The State; Respondent: Tselane Elizabeth Mokone
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
29 July 2004
Case Number
954/2004
Procedural Posture
Review Application / Review of Conviction and Sentence
Outcome
Conviction and sentence set aside.
Judges
Van Coppenhagen, Wright
Legal Topics
Liquor Act Offence, Burden of Proof, Failure to Call Witness, Conviction Review
Criminal Law Liquor Act Offence Burden of Proof Failure to Call Witness Conviction Review

Case Brief

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Parties

The State

Applicant

Tselane Elizabeth Mokone

Respondent

Procedural Posture

Review Application / Review of Conviction and Sentence

Legal Issues

  1. 1 Whether the State proved beyond reasonable doubt that the accused supplied liquor to a person under 18 years of age.
  2. 2 Whether the failure to call direct witnesses to the alleged sale of liquor to minors was fatal to the State's case.
  3. 3 Whether the conviction and sentence should be set aside due to insufficient evidence.

Ratio Decidendi

The State failed to present direct evidence that the accused herself supplied liquor to persons under the age of 18, despite having obtained statements from minors who allegedly consumed liquor on the premises. The presence of another person selling liquor and the absence of direct testimony from the minors created reasonable doubt. The State did not discharge its burden of proof beyond reasonable doubt. Consequently, the conviction and sentence cannot stand and must be set aside.

Court Disposition

Conviction and sentence set aside.

Orders

  • The accused's conviction and imposed sentence are set aside.
  • Any fine paid by the accused must be refunded to her.