Rex v Van Dyk

• Jurisdiction: South Africa
• Judgment Date: 11 May 1949
• Citation: 1949 (3) SA 118 (T)

Rex v Van Dyk
1949 (3) SA 118 (T)

1949 (3) SA p118

Citation	1949 (3) SA 118 (T)
Court	Transvaal Provincial Division
Judge	Ramsbottom J and Clayden J
Heard	May 11, 1949
Judgment	May 11, 1949

Flynote : Sleutelwoorde

Criminal procedure — Evidence — Conviction on plea of guilty. — Insufficient evidence aliunde of commission of offence — Sentence in excess of that provided under section 286 (1) (b) of Act 31 of 1917 — Conviction set aside — Whether case should be remitted.

Headnote : Kopnota

The accused had pleaded guilty to a charge of contravening section 164 (b) of Act 30 of 1928. He was found guilty and sentenced to a fine of £50 or, in default of payment, imprisonment with hard labour for six months. The only evidence for the Crown was that of a detective sergeant who had arrested the accused: he had stated in evidence that the native purchaser had said in the accused's presence that he had obtained the liquor from the accused and that the accused had made no reply to that statement. The accused had given no evidence but had made an unsworn statement admitting that he had supplied the liquor to the native.

Held, that the accused had been wrongly convicted as there was no legal and competent evidence as to the commission of the offence.

Held, further, that in view of the provisions of section 286 (1) (b) of Act 31 of 1917 it was not competent for the Court to impose the sentence which it did.

Held, further, as evidence had been led which was insufficient, that the case should not be remitted for further evidence.

Case Information

Review.

Judgment

Ramsbottom, J.:

This case came before me for review.

The accused was charged with contravening sec. 164 (b) of Act

1949 (3) SA p119

Ramsbottom J

30 of 1928, in that he did wrongfully and unlawfully give, sell, supply or deliver to, or place in possession or control of Ben Mabiletse, a native, liquor, to wit five gallons of wine and six bottles of brandy, the said native being a person who is prohibited from acquiring or obtaining or being in possession of such liquor.

The accused pleaded guilty and was found guilty and sentenced to a fine of £50 or, in default of payment, imprisonment with hard labour for six months.

The only evidence which was led at the trial was that of Detective Sergeant Stoltz, who said that on the 19th April, 1949, at about 5 p.m., he arrested the accused for supplying liquor to a native...