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Unlawful States OF Affairs

Criminal Law (Universiteit Stellenbosch)

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UNLAWFUL STATES OF AFFAIRS

Third form of unlawful conduct.
e.g occupying a driver’s seat of a car under the influence of alcohol
Being in possession of stolen goods or an unlicensed fiream

These are purely statutory offences.

May take place in two instances:

Actus Reus:-

 Prior conduct – R v Achterdam; or

 Failure to terminate state of affairs within a reasonable time:-

Reasonable time depends on facts of each case,

Priority must be given however to the matter.
One must not act at his personal convenience (S v Brick and S v Collet)

UNLAWFUL POSSESSION

Possession =

1. Detentio – physical control; plus

2. Animus possidendi – intention to possess:-

 Accused must have known the item was within his physical control:-

R v Betelezi.= Liquor was stored in his house illegally. Court found that he
honestly had no knowledge. Acquitted

R v African Canning Company: Knowledge coupled with a calculated risk is

not a defence.

S v Hanekom: found in possession of banned pamphlets amongst other

plenty of publications in his study.
Held: He had no positive knowledge that they were there, what he should
have known was irrelevant.

 Subsequent forgetfulness is no defence:-

S v Cleminshaw

S v Young

 General rule – no need to intend to use for one’s own purpose or benefit
(natural possession will normally suffice):-

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R v David

S v Brick

But see:-

S v Cameron: Appeal court considered that possession of crayfish was not

for personal gain or benefit and acquitted him

 Therefore, being an unwilling possessor is no defence in itself - must terminate

possession with a ‘reasonable time’.
 In appropriate circumstances, accused may be able to raise the defence of
necessity or that he was unaware of unlawfulness:- S v Collet

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