S v Scholtz and Another (419/83) [1985] ZASCA 33 (24 May 1985)

S v Scholtz and Another (419/83) [1985] ZASCA 33 (24 May 1985)

The court found that the appellant's version—that he intended to entrap the sellers and report them to the police—was improbable and unworthy of credence. The appellant undertook sustained and protracted negotiations with undercover police officers posing as illicit diamond dealers, culminating in the actual exchange of money and diamonds. The appellant failed to notify the police in advance of his alleged plan, exposing himself to significant risk of criminal prosecution and financial loss. The court held that the appellant's conduct was more consistent with an intention to purchase uncut diamonds unlawfully for personal gain than with a bona fide attempt to assist the police. The...

Citation
[1985] ZASCA 33
Parties
Appellant: Robert Michael Scholtz; Appellant: Trevor Michael Hart-Jones; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
24 May 1985
Case Number
419/83
Procedural Posture
Criminal Appeal / Appeal From Conviction in the Regional Court, After Leave Granted by the Transvaal Provincial Division
Outcome
The appeal is dismissed. The conviction and sentence imposed by the trial court are confirmed.
Judges
Hoexter, Trengove, Cillié
Legal Topics
Precious Stones Act, Mens Rea, Entrapment, Illicit Diamond Dealing
Criminal Law Precious Stones Act Mens Rea Entrapment Illicit Diamond Dealing

Case Brief

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Parties

Robert Michael Scholtz

Appellant

Trevor Michael Hart-Jones

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction in the Regional Court, After Leave Granted by the Transvaal Provincial Division

Legal Issues

  1. 1 Whether the appellant possessed the requisite mens rea for contravening section 84(1)(a) of the Precious Stones Act, 73 of 1964.
  2. 2 Whether the appellant's defence that he intended to entrap the sellers and report them to the police is reasonably possibly true.
  3. 3 Whether the evidence supports the conviction beyond reasonable doubt.

Ratio Decidendi

The court found that the appellant's version—that he intended to entrap the sellers and report them to the police—was improbable and unworthy of credence. The appellant undertook sustained and protracted negotiations with undercover police officers posing as illicit diamond dealers, culminating in the actual exchange of money and diamonds. The appellant failed to notify the police in advance of his alleged plan, exposing himself to significant risk of criminal prosecution and financial loss. The court held that the appellant's conduct was more consistent with an intention to purchase uncut diamonds unlawfully for personal gain than with a bona fide attempt to assist the police. The...

Court Disposition

The appeal is dismissed. The conviction and sentence imposed by the trial court are confirmed.

Orders

  • The appeal is dismissed.
  • The conviction and sentence imposed by the regional court are confirmed.