Rex v Caminsky [1915] ZATPD 19 (6 April 1915)

Insolvency.-Fraudulent.~Indictment.-What to be alleged in.Law13 of 1895, sec. 146 (c).-Culpable insolvency.-Law 13 of 1895, sec. 147 (!).-Several counts.-One offence.Criminal Law.-Procedure.-Suspension by Supreme Court of sentence imposed by magisvrate.

Where a person is charged with fraudulent insolvency under sec. 146 (c) of Law 13 of 1895, the charge-sheet should not simply state that he fraudulently
contracted the debt in question, but should describe the nature of the fraud .R. v. Raplioane (1913, T.P.D. 241) applied .An accused was charged on four counts with contravening sec. 147 (/) ( culpable
insolvency) df Law 13 of 1895, in that he contracted debts exceeding £50 with different persons, without reasonable and probable prospect ,of being able
to discharge the same :-Held, that the four counts only constituted one offence .A magistrate convicted an accused on one count of fraudulent, and on four counts of culpable insolvency, and sentenced him to three months on each count. On appeal, the Court having quashed the conviction on the first count and
having upheld it on one other count, imposed a sentence of three months, and under the circumstances suspended the sentence.