South Africa Case Law

S v Collett (199/90)

S v Collett (199/90) [1991] ZASCA 33; 1991 (2) SA 854 (AD); [1991] 4 All SA 524 (AD) (26 March 1991)

Court

Supreme Court of Appeal

Case number

199/90

Judges

Corbett, Hoexter, Vivier, Eksteen, Nienaber

The court held that even if the appellant possessed dagga, the State had to prove dolus, including awareness of unlawfulness. The conviction and sentence were set aside.

• Possession Of Prohibited Substance
• Wederregtelikheid
• Dolus
• Defence Of Necessity
• Criminal Liability
• Criminal-law