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