Skip to document content Skip to main menu Skip to search
background image

Supreme Court of Appeal of South Africa

The Supreme Court of Appeal is, except in respect of certain labour and competition matters, the second highest court in South Africa. In terms of the Constitution, it is purely an appeal court and may decide only appeals and issues connected with appeals. (Banner image by Ben Bezuidenhout).
Physical address
Cnr Mirriam Makeba & President Brand Streets, Bloemfontein, Free State, 9301
Visit website
https://www.supremecourtofappeal.org.za/
2 judgments
Advanced search
All years
Filters
  • Filters
  • Judges
  • Alphabet
Sort by:
2 judgments
Citation
Judgment date
December 1983
S v Ngosini (523 of 1982) [1983] ZASCA 44 (6 December 1983)
Possession of a stolen vehicle plus a false explanation justified conviction and a three-year prison sentence; co-accused acquitted.
Criminal law – motor theft – identification of stolen vehicle – owner’s marks and distinctive features – forensic evidence of altered chassis/engine numbers. Possession of stolen property and false explanation – allowable inference of involvement in theft. Burden of proof – State must satisfy court beyond reasonable doubt; accused entitled to discharge if alternative version reasonably possibly true. Sentence – antecedents and prevalence of offence relevant to custodial sentence.
 6 December 1983
S v Van Heerden (362 of 1982) [1983] ZASCA 45 (6 December 1983)
Transfer of hire‑purchase goods while title remains with the financier can constitute theft if accompanied by intent to appropriate.
Criminal law – Theft – Delivery/transfer of goods subject to hire‑purchase – Owner in financier; unlawful contrectatio by person without power to dispose. Criminal law – Dolus – Knowledge of hire‑purchase status and recipient’s undertaking do not negate intention to appropriate. Evidence – Credibility – Trial court entitled to reject inconsistent explanations about signed documents; guilty verdict upheld.
 6 December 1983