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Criminal Procedure Act, 1977 (Act No. 51 of 1977)

Chapter 26 : Competent Verdicts

264. Theft

 

(1) If the evidence on a charge of theft does not prove the offence of theft, but—
(a) the offence of receiving stolen property knowing it to have been stolen;
(b) an offence under section 36 or 37 of the General Law Amendment Act, 1955 (Act No. 62 of 1955);

[Section 264(1)(b) substituted by section 1 of Act No. 49 of 1996]

(c) an offence under section 1 of the General Law Amendment Act, 1956 (Act No. 50 of 1956); or

[Section 264(1)(c) substituted by section 1 of Act No. 49 of 1996]

(d) [Section 264(1)(d) deleted by section 1 of Act No. 49 of 1996]

the accused may be found guilty of the offence so proved.

 

(2) If a charge of theft alleges that the property referred to therein was stolen on one occasion and the evidence proves that the property was stolen on different occasions, the accused may be convicted of the theft of such property as if it had been stolen on that one occasion.