Musini v S (A388/2014)
Musini v S (A388/2014) [2015] ZAGPPHC 15 (28 January 2015)
The court found that the state failed to prove the element of possession required under section 36 of the General Law Amendment Act. The evidence showed that the appellant was not in physical possession of the cellphone at the time it was found, nor when he was asked to provide an explanation. The cellphone had been given to Ms Lekalakala, who used it independently and was apprehended with it. The magistrate's reliance on mental possession was misplaced, as animus alone does not satisfy the statutory requirement for actual possession at the relevant time. Consequently, the conviction was a mi…
Source excerpt
- Possession Of Stolen Property
- Competent Verdict
- Elements Of Possession
- Section 36 General Law Amendment Act