S v Struis (121/04)
S v Struis (121/04) [2004] ZANCHC 19 (7 May 2005)
The court found that the accused, by his own admission, picked up a cassette player in good working condition, recognized it belonged to someone else, and sold it without knowing the owner or having permission. This conduct satisfied the elements of theft, as he unlawfully and intentionally appropriated property belonging to another. The initial release of the accused from prison was based on a mistaken interpretation of the evidence and legal opinion. Given the extraordinary circumstances—namely, the accused's premature release and the time already served—the court exercised its inherent jur…
Source excerpt
- Theft
- Mens Rea
- Unlawful Appropriation
- Sentence Suspension