S v Visagie (460/89) [1990] ZASCA 124; 1991 (1) SA 177 (AD); [1991] 1 All SA 313 (A) (28 September 1990)

S v Visagie (460/89) [1990] ZASCA 124; 1991 (1) SA 177 (AD); [1991] 1 All SA 313 (A) (28 September 1990)

The appellant, as an estate agent, was entrusted with cheques intended for deposit into the trust account of Terra Trust. She knowingly disregarded explicit instructions and deposited the cheques into her personal account without authority from either the buyers or Terra Trust. The Wessels dictum, which provides that the existence of a liquid fund may negate the intent required for theft, is only applicable where money is held in trust. In this case, the appellant was not authorised to hold the money in trust, but merely to deposit it into the trust account. Her actions constituted a deliberate appropriation of the cheques and their proceeds, amounting to theft, regardless of her...

Citation
[1990] ZASCA 124
Parties
Appellant: Sophia Wilhelmina Visagie; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 September 1990
Case Number
460/89
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
Appeal dismissed.
Judges
Smalberger, Milne, Nienaber
Legal Topics
Theft, Intent, Trust Money, Agency, Deposit Handling
Criminal Law Theft Intent Trust Money Agency Deposit Handling

Case Brief

Summary, issues, holding and outcome

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Parties

Sophia Wilhelmina Visagie

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the appellant's conduct in depositing trust cheques into her personal account constituted theft.
  2. 2 Whether the existence of a liquid fund negates the intent required for theft.
  3. 3 Whether the Wessels dictum applies to the facts of this case.

Ratio Decidendi

The appellant, as an estate agent, was entrusted with cheques intended for deposit into the trust account of Terra Trust. She knowingly disregarded explicit instructions and deposited the cheques into her personal account without authority from either the buyers or Terra Trust. The Wessels dictum, which provides that the existence of a liquid fund may negate the intent required for theft, is only applicable where money is held in trust. In this case, the appellant was not authorised to hold the money in trust, but merely to deposit it into the trust account. Her actions constituted a deliberate appropriation of the cheques and their proceeds, amounting to theft, regardless of her...

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed.