S v Velaphi (2012000329)
S v Velaphi (2012000329) [2013] ZAECGHC 3 (1 January 2013)
The magistrate erred in applying section 300 of the Criminal Procedure Act to award compensation to the buyer of the stolen cows. The section requires that the application for compensation be made by or on behalf of the person who suffered loss or damage as a result of the offence. In this case, the complainants (owners of the cows) did not suffer loss, as their property was returned. The buyer, who suffered the monetary loss, was not the complainant and there is no evidence that the prosecutor was instructed by him to apply for compensation. Furthermore, the amount awarded (R9,200) exceeded…
Source excerpt
- Stock Theft
- Compensation Order
- Criminal Procedure Act Section 300
- Innocent Purchaser
- Magistrates Court Award