Stock Theft Act S 112(1)(b) therefore also applicable to element of – reasonable suspicion in mind of someone else - Court must be satisfied on plea of guilty that accused admits all elements of offence. Criminal procedure Charge Charge of c/s 2 of Stock Theft Act 12 of – – 1990 Charge must be formulated using the correct tense Correct – – formulation is to allege that accused was found in possession of stock in regard to which there was a reasonable suspicion that it has been stolen If wrong tense is used the charge does not disclose an offence – and magistrate should have invited prosecutor to amend it, alternatively ordered amendment in terms of s 86 of Criminal Procedure Act Not – necessary that accused’s inability to give satisfactory account must have existed at time of being found in possession Accused can still – attempt to satisfy court of satisfactoriness of his account at the trial to formulate this element in the present tense. Plea Plea of guilty Questioning in terms of s 112(1)(b) of Criminal – – Procedure Act 51 of 1977 Provisions of s 112(1)(b) applicable to – charge of c/s 2 of Stock Theft Act 12 of 1990 Accused can make – admission about element of offence of which he does not have personal knowledge such as reasonable suspicion in mind of person who find him in possession court has duty to satisfy itself of reliability – of such admission where accused is not legally represented. ORDER
Stock Theft Act – S 112(1)(b) therefore also applicable to element of reasonable suspicion in mind of someone else - Court must be satisfied on plea of guilty that accused admits all elements of offence. Criminal procedure – Charge – Charge of c/s 2 of Stock Theft Act 12 of 1990 – Charge must be formulated using the correct tense – Correct formulation is to allege that accused was found in possession of stock in regard to which there was a reasonable suspicion that it has been stolen – If wrong tense is used the charge does not disclose an offence and magistrate should have invited prosecutor to amend it, alternatively ordered amendment in terms of s 86 of Criminal Procedure Act – Not necessary that accused’s inability to give satisfactory account must have existed at time of being found in possession – Accused can still attempt to satisfy court of satisfactoriness of his account at the trial to formulate this element in the present tense. Plea – Plea of guilty – Questioning in terms of s 112(1)(b) of Criminal Procedure Act 51 of 1977 – Provisions of s 112(1)(b) applicable to charge of c/s 2 of Stock Theft Act 12 of 1990 – Accused can make admission about element of offence of which he does not have personal knowledge such as reasonable suspicion in mind of person who find him in possession – court has duty to satisfy itself of reliability of such admission where accused is not legally represented. ORDER