S v Masiu (146/2013)
S v Masiu (146/2013) [2013] ZAFSHC 151 (15 September 2013)
The conviction was based on the accused's ex post facto knowledge of the effect of alcohol on his faculties, rather than knowledge at the time of consumption. Mens rea was therefore not established beyond reasonable doubt, rendering the conviction unsustainable. Furthermore, the magistrate erred in not considering the applicability of section 103 of the Firearms Control Act, as a conviction involving alcohol abuse triggers an enquiry into fitness to possess a firearm. The conviction and sentence were not in accordance with justice and must be set aside.
Source excerpt
- Criminal Capacity
- Mens Rea
- Abuse Of Alcohol
- Firearms Control Act
- Conviction Requirements