South Africa Case Law

S v Visagie (460/89)

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

Court

Supreme Court of Appeal

Case number

460/89

Judges

Smalberger, Milne, Nienaber

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 delibera…

Source excerpt

• Theft
• Intent
• Trust Money
• Agency
• Deposit Handling