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South Africa decisions
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S v Van Der Linde (12331/12) [2016] ZAGPJHC 179; [2016] 3 All SA 898 (GJ); 2016 (2) SACR 377 (GJ) (27 May 2016)
High Court criminal judgment on a fraudulent VAT refund scheme. The accused was convicted of fraud, forgery and uttering, but acquitted on POCA money-laundering counts.
Piater v S (743/13) [2014] ZASCA 134 (25 September 2014)
Appeal against a reduced sentence for fraud, forgery, uttering and theft dismissed. The Supreme Court of Appeal found no material misdirection and upheld 4 years’ imprisonment.
Botha v S (425/08) [2009] ZASCA 125; [2010] 2 All SA 116 (SCA) (30 September 2009)
Appeal over fraud, forgery and uttering convictions dismissed in substance; the court held the charge sheet was clear enough and copied documents were admissible.
S v Sehume (A763/08) [2008] ZAGPHC 378 (11 September 2008)
High Court review of a forgery and uttering conviction confirmed the conviction and sentence, but set aside an unfitness-to-possess-firearm order.
S v Mafa (CA 130/2005) [2006] ZANWHC 56 (7 September 2006)
The court found that the undercover operation was lawfully executed with proper authority from the Director of Public Prosecutions and that the guidelines were sufficiently communicated to the agent and informer. The appellant was already engaged in drug dealing and was not provoked or enticed by the police or their agents. The evidence of the State witnesses was credible, and any contradictions were not material. The identity document provided by the appellant was proven to be falsified and the address therein non-existent, supporting the convictions for forgery and uttering. The trial court…
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