S v M.V.M and Another (Review) (REV 150/2024) [2024] ZALMPPHC 178 (15 November 2024)
Court
Limpopo High Court, Polokwane
Case number
REV 150/2024
Judges
G.C Muller, S. Mathabathe
On automatic review, the High Court replaced robbery convictions on count 1 with theft after finding the phone was obtained by misrepresentation, not force.
Van Heerden v S (A160/2016) [2016] ZAFSHC 191 (27 October 2016)
Court
Free State High Court, Bloemfontein
Case number
A160/2016
Judges
Daffue, Gela
The court found that the appellant's defence of consent was not supported by the evidence. Although the complainant signed stock removal certificates, her consent was obtained through fraudulent misrepresentation, as she was not informed that the cattle had already been sold and the proceeds received by the appellant. The court confirmed that unlawfulness is an essential element of theft and that fraud vitiates consent, rendering the appellant's conduct unlawful. The appellant's version regarding payment to the complainant's son was found to be false and not reasonably possibly true. The evid…
Moloi v S (A176/2008) [2011] ZAFSHC 38 (24 February 2011)
Court
Free State High Court, Bloemfontein
Case number
A176/2008
Judges
Ebrahim, Lekale
The High Court upheld an appeal against a theft by false pretences conviction, finding the accused’s alibi reasonably possibly true and setting aside the sentence.
S v Mia and Another (344/07) [2008] ZASCA 117; 2009 (1) SACR 330 (SCA) ; [2009] 1 All SA 447 (SCA) (26 September 2008)
Court
Supreme Court of Appeal
Case number
344/07
Judges
Heher, Mlambo, Maya
The Supreme Court of Appeal upheld Mia’s acquittal and confirmed Howell’s theft conviction, holding that theft by false pretences is a competent verdict on robbery.