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S v Friedman
''S v Friedman''〔1996 (1) SACR 181 (W).〕 is an important case in South African law. It was heard in the Witwatersrand Local Division by Cloete J from 9 to 13 October 1995, with judgment handed down on 16 October. AO Cook and DN Unterhalter appeared for the accused, and ZH de Beer and H. Louw for the state. The case is especially significant for South African criminal law.
== Facts ==
Friedman, the accused, was charged in the Supreme Court with fraud involving the smuggling of stolen, unwrought gold. Millions of rands were involved, and the charges were of an intricate and complex nature. The accused contended, in the first instance, that the charge against him should be quashed, arguing that it did not comply with the provisions of section 84 of the Criminal Procedure Act, relating to the essentials of the charge. The accused furthermore contended that the common-law definition of fraud, as accepted by the courts, was unconstitutional insofar as the courts have held that the prejudice does not have to be financial or proprietary, may be potential, and does not have to be suffered by the represent.
The court dealt first with the contention that the charge should be quashed for want of compliance with the Act. After analysing the charge, the court pointed out certain aspects which lacked clarity. The prosecutor conceded that the charge lacked clarity in the respects pointed out by the court, and requested an opportunity suitably to amend the charge. Despite this, the accused persisted in his application for the indictment to be quashed.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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