Rex v Hilarius

• Jurisdiction: South Africa
• Judge: Reynolds J and Jennett AJ
• Judgment Date: 04 March 1949
• Citation: 1949 (2) SA 278 (E)
• Hearing Date: 04 March 1949
• Court: Eastern Districts Local Division

Rex v Hilarius
1949 (2) SA 278 (E)

1949 (2) SA p278

Citation	1949 (2) SA 278 (E)
Court	Eastern Districts Local Division
Judge	Reynolds J and Jennett AJ
Heard	March 4, 1949
Judgment	March 4, 1949

Flynote : Sleutelwoorde

Criminal procedure — Evidence — Conviction on plea of guilty alone — No proof aliunde of commission of offence.

Headnote : Kopnota

The accused had pleaded guilty to certain charges of having contravened the price control regulations in that he had sold certain commodities in excess of the fixed maximum prices. The only evidence for the Crown was that of a price control inspector who had taken an extract from the records kept by the accused 'reflecting the prices charged' for the commodities and these had been put in at the trial. These prices were in excess of the fixed maximum prices.

Held, that the records, at most, constituted admissions or confessions by the accused, and as these had not been confirmed by other evidence, the magistrate was not entitled to convict.

Case Information

Review.

Judgment

Jennett, A.J.:

The accused was charged with the offence of contravening sec. 17L (1) of Proe. 185 of 1946 (War Measure 49 of 1946) read with Government Notice 87 dated 10th January, 1947, in that during the months of August, September and October, 1948, and at or near Bizana, in the district of Bizana, he did wrongfully and unlawfully sell or offer to...