Rex v Sethren [1915] ZATPD 43 (7 June 1915)

Reported
Flynote

Criminal procedure.-Fraud.-Prejudice. Evidence. - Accomplice. -Corrc,,boration. - Proclamation 16 of 1902, sec. 10.

Case summary

Where an accused person is charged with fraud it is sufficient in order to sustain a conviction to show that the complainant was induced to act to his prejudice by
means of the false pretences of the accused. R. v. Herz/elder (1907, T.H.244) approved.
According to sec. 10 of Proc. 16 of 1902 an accused person may be convicted on the single evidence of an accomplice, provided that there be other evidence
that the crime was actually committed. Held, that where there is merely the evidence of one accomplice unconfirmed in any particular there should be
. evidence aliunde that the crime has been committed. Where on the other hand the evidence of the accomplice is confirmed in a material particular
whether by a second accomplice, a confession by the accused or by documentary-' evidence there is no necessity for any proof aliunde that the crime
has been committed. Rex v. Tshingwayo and Uzulu (1915, S.A.L.J. 86) not followed.


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