Rex v Josman [1915] ZATPD 52 (14 July 1915)

Shop hours.-Selling after· hours.-lndictment.-Secs 4 (2) and 14 (3) of Ordinance 11 of 1914. 'Criminal procedure.-lndictment.-Principal charged with act of agent. Allegations.

Where an occupier of a shop was charged together with B, an employee, with selling sugar after closing hours for consumption off the premises, Held, that the occupier could not be convicted of selling through an employee other than B Held, further, that if it was sought to hold the occupier liable for the act of another, the Crown must allege who the other person is and what the other
person did. If the name of the agent cannot be given, the circumstances must be set out with sufficient exactness to enable the agent to be identified.