Mgoqi v S (CA&R 46/2017)
Mgoqi v S (CA&R 46/2017) [2020] ZAECGHC 33 (29 April 2020)
The appeal succeeded because the State failed to prove the essential elements of the offences beyond reasonable doubt. The expert evidence relied upon was based on hearsay and unproven data, rendering it unreliable. There was no direct evidence linking the appellant to the alleged unlawful interception, possession of listed equipment, or forgery. The cloned cards were not adequately described in the Regulations, and there was no proof of intent to defraud. The Magistrate erred by relying on speculative evidence and by drawing adverse inferences from the appellant's silence, rather than focusi…
Source excerpt
- Unlawful Interception Of Communication
- Possession Of Listed Equipment
- Forgery
- Expert Evidence
- Onus Of Proof