South Africa Case Law

S v Sehunoe (CA 53/2002)

S v Sehunoe (CA 53/2002) [2002] ZANWHC 46 (12 December 2002)

Court

North West High Court, Mafikeng

Case number

CA 53/2002

Judges

J H F Pistor, M T R Mogoeng

The court found that the conviction for theft on count 1 was justified, as the appellant's conduct and subsequent explanations indicated an intention to permanently deprive the complainant of his property. The trial court's credibility findings were upheld. On count 2, the conviction under section 1(1) of Act 50 of 1956 was set aside because the appellant had the owner's consent to use the vehicle, and thus the statutory requirements were not met. The court held that the charge should have been amended to reflect a contravention of section 66(2) of Act 93 of 1996, which prohibits driving a ve…

Source excerpt

• Theft
• Unauthorised Use Of Vehicle
• Amendment Of Charge
• Sentencing Guidelines