Rex v Dyonta and Another Appellants

• Jurisdiction: South Africa
• Judge: Wessels CJ, Curlewis JA, Beyers JA and De Villiers JA
• Judgment Date: 24 October 1934
• Citation: 1935 AD 52
• Hearing Date: 24 October 1934
• Court: Appellate Division

Wessels, C.J.:

In this matter the two accused approached one Potgieter at the Johannesburg Show Ground. They produced

Wessels, C.J.

some glass imitations of diamonds and offered to sell them to him. Potgieter gave them his card, and told them they had better to see him at Carolina if they wished to sell him diamonds. Potgieter never intended buying any diamonds from them. He explained in his evidence that he knew that, as a result of such temptation being put in their way, respectable Europeans sometimes got into serious trouble, and he made up his mind that, if the accused came to Carolina to sell stones, he would inform the police. The accused came to Carolina on May 12th, and visited Potgieter at his house. That afternoon Potgieter met them some distance outside the town, and the first accused showed him the four stones and stated that they were diamonds. Both accused and another native, who has not been caught, offered the stones to Potgieter for £75 the same evening. Thereupon the police rushed up and arrested both accused. The matter came before TINDALL. J., and he came to the conclusion that the accused were guilty but he had some doubt whether he was right that they were guilty in law because Potgieter had no intention of buying the glass imitation diamonds, so that there was no actual prejudice to him. The learned judge expressed his view of the law in the following terms: "If the misrepresentation is one which in the ordinary course is capable of deceiving a person, and thus enabling the accused to achieve his object, the fact...