R v Khan (South Africa)
R v Khan & Others 1949 (4) SA 868 (N) was an important case in South African criminal procedure, hinging on "splitting of charges".
In this case the appellants had entered privately owned land at night in search of game using an electric torch as an aid in killing game and killed a bush buck doe without having a 'specially protected game license.'
They were charged and convicted on three counts:
- contravening certain statutes in that they killed game that was not specially authorized by the Ordinance (count 1);
- using an artificial light as an aid in killing game (count 2); and
- entering upon lands in pursuit of game without the owner's permission (count 3).
The appellants appealed on the grounds that there was an improper duplication of charges as all the acts alleged in the charges were done with a single intent and in the course of a single criminal transaction and that they should be regarded as involving only one offense.
The court noted that application of the tests would appear to give opposite results:
- If the single intention test is applied, it is quite easy to regard all the material acts of the night in question as having been done with a single intent and as together constituting a single criminal transaction.
- If the evidence test is applied, the evidence necessary to establish the three counts would not be the same.
The court chose to apply the evidence test as the former test was regarded as lacking precision.
It was clear that each of the counts can be established by evidence which did not establish the others. There was therefore no improper splitting of charges and the appeal was dismissed.
References
- Luvuno, Fikile Glady (1997). An unfair trial with special reference to improper splitting of charges, University of Zululand: see Ch. 2, footnote 18 and Ch. 3, footnote 21.