South Africa Case Law

Dlamini and Another v S (A225/2016)

Dlamini and Another v S (A225/2016) [2017] ZAGPPHC 215 (20 April 2017)

Court

North Gauteng High Court, Pretoria

Case number

A225/2016

Judges

Manyathi, Janse Van Nieuwenhuizen

The court found that the appellants had unlawfully appropriated the motor vehicle by moving it from its original position, damaging its locks and ignition, and stealing items from within, thereby excluding the owner from the enjoyment of her property. The facts were distinguishable from precedents where appropriation was not established. The trial court correctly convicted the appellants of theft. Regarding sentence, the court held that the trial court had properly considered all relevant factors, including personal circumstances and prior convictions, and that the sentences imposed were not…

Source excerpt

• Theft Of Motor Vehicle
• Attempted Theft
• Sentencing Principles
• Appropriation
• Contrectatio
• Identity Of Accused

Janse van Rensburg v S (A452/2010)

Janse van Rensburg v S (A452/2010) [2010] ZAWCHC 593 (1 December 2010)

Court

Western Cape High Court, Cape Town

Case number

A452/2010

Judges

P Blignault, B J Manca

The High Court dismissed an appeal against a theft conviction, holding that the appellant’s volunteer delivery of goods to a supplier amounted to appropriation.

• Theft
• Mens Rea
• Actus Reus
• Corporate Criminal Liability
• Criminal-appeal
• Appropriation

S v Kwinana (5/8355/2008)

S v Kwinana (5/8355/2008) [2009] ZAGPJHC 16 (19 May 2009)

Court

South Gauteng High Court, Johannesburg

Case number

5/8355/2008

Judge

Mabesele

The accused's section 112(2) statement revealed that he took the property as security for unpaid wages and refused to return it unless paid. This conduct does not demonstrate an intention to permanently deprive the owner of the property, which is a necessary element of theft. The magistrate should have entertained doubt regarding the accused's guilt and not convicted him solely on the basis of the statement. The conviction and sentence are therefore not sustainable and must be set aside.

Source excerpt

• Theft
• Section 112 Criminal Procedure Act
• Intention
• Appropriation
• Permanent Deprivation