S v Majikijela (15242/2015, B517/2014,) [2015] ZAWCHC 143 (9 October 2015)
Court
Western Cape High Court, Cape Town
Case number
15242/2015
Judges
A.G. Binns-Ward, L.J Bozalek
The evidence did not prove theft beyond reasonable doubt, nor did it establish that the accused knew the goods were stolen. However, the accused was found in possession of goods, including cash, in circumstances giving rise to reasonable suspicion of theft and failed to provide a satisfactory account of such possession. Section 36 of the General Law Amendment Act creates an offence for such conduct and is a competent verdict on a charge of theft under section 264(1)(b) of the Criminal Procedure Act. The failure to alert the accused to the possibility of a competent verdict does not bar substi…