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[2013] ZAWCHC 210
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S v Brown (CC 50/2010) [2013] ZAWCHC 210 (18 April 2013)
THE REPUBLIC OF
SOUTH AFRICA
IN THE HIGH COURT
OF SOUTH AFRICA
WESTERN CAPE HIGH
COURT, CAPE TOWN
CASE
NO: CC 50/2010
DATE:
18 APRIL 2013
In the matter
between:
THE STATE
And
JOSEPH ARTHUR
WALTER BROWN
JUDGMENT: 18
APRIL 2013
VELDHUIZEN J:
[1] The accused is
indicted before this court on four counts of fraud, two counts of
theft, one count of contravening section 1(1)(a)
of the Corruption
Act, No. 94 of 1992, one count of contravening section 3(b)(ii)(aa)
and/or (bb) and/or (cc) and/or 3(b)(iv) or
the Prevention and
Combating Corrupt Activities Act, No. 12 of 2004 and lastly a
contravention of
section 4(a)
and or
4
(b) of the
Prevention of
Organised Crime Act, No. 121 of 1998
.
[2] Some evidence
was presented to us on certain counts, especially counts 1, 2 and 3.
The accused then made certain admissions,
exh ‘E’, and
then changed his plea to one of guilty on counts 2 and 6. The state
closed its case and the accused followed
suit. We were not satisfied
that the facts admitted by the accused were sufficient to found
convictions on counts 2 and 6. An amended
statement of admissions
were thereupon handed in by the accused. These are contained in exh
‘E1’.
[3] Adv van Vuuren
for the prosecution conceded that the evidence regarding count 1 does
not prove that the accused had the necessary
intention to defraud and
as regards counts 3, 4, 5, 7, 8 and 9 is not sufficient to sustain
convictions on these counts. In our
view this concession is amply
justified. The accused is accordingly entitled to be acquitted on
these counts and he is found not
guilty on counts 1, 3, 4, 5, 7, 8
and 9.
[4] We are satisfied
that the admitted facts contained in exh ‘E1’ are
sufficient to found a conviction on counts 2
and 6 of the indictment.
We do not find it necessary at this stage to elaborate on the exact
basis for this. The accused is, therefore
and in accordance with his
plea, found guilty on counts 2 and 6 of the indictment.
A.H. VELDHUIZEN,
J
JUDGE OF THE HIGH
COURT