R v McWilliam

• Jurisdiction: South Africa
• Judge: Jennett J and O'Hagan J
• Judgment Date: 03 March 1958
• Citation: 1958 (2) SA 243 (E)
• Hearing Date: 03 March 1958
• Court: Eastern Cape Division

O'Hagan, J.:

This a review case. The accused was charged in the magistrate's court at East London with eight counts of contravening the Liquor Act. The first alleged that the accused, in contravention of sec. 164 (a), did

'wrongfully and unlawfully sell . . . liquor without the licence necessary in respect of such sale, to wit, in that the accused had in his possession for the purpose of sale'

thirty-three quarts of spirituous liquor. The remaining seven counts charged the accused with having contravened sec. 166 (t) by giving an incorrect name and address to certain bottle stores from which

O'Hagan J

he had purchased a total quantity of thirty-three quarts of spirituous liquor. To all these charges the accused pleaded guilty.

At the commencement of the trial the prosecutor handed in a schedule reflecting details of liquor purchases made, the names of the bottle A stores where these purchases had been made and the false name and address alleged to have been given by the accused on each occasion. The record shows that the accused freely and voluntarily admitted to the magistrate that this schedule was correct, that he had in fact purchased and taken delivery of the liquor referred to therein and that the B suppliers were duly licensed to deal in liquor in East London. After these admissions had been recorded, the prosecutor called a detective constable who gave evidence of certain statements made by the accused after his arrest. According to this witness the accused said that he had been released from prison ten days previously; that his only income in this period had been an amount of ten pounds which he had C spent on meals, groceries, tobacco and drinks; that he owned no property and had no savings, and that he lived in a room, the rent of which had been paid by the B.E.S.L. for two weeks. The detective then referred to the schedule which had been handed in, and described it as

'an extract of the particulars of accused's liquor purchases made from the off-sales register of the liquor licensed premises listed therein'.

D This schedule showed a total quantity of thirty-three quarts purchased for an amount of £17 6s. 6d. The witness said that he had taken the accused to the bottle stores mentioned in the schedule - it appeared that on the very day of his arrest the accused had bought six quarts of liquor, and on being asked to account for this liquor he said that he E did not know what had become of it. On that day, too...