S v Brick 1973 (2) SA 571 (A)

S v Brick 1973 (2) SA 571 (A)

Facts

S v Brick 1973 (2) SA 571 (A) was a case decided by the Appellate Division of the Supreme Court of South Africa. The case involved a charge of possession of indecent or obscene photographic matter.

The accused, Brick, was charged with possession of indecent or obscene photographic matter. Brick claimed that he did not know that the photographic matter was indecent or obscene.

Procedural History

The trial court held that Brick was guilty of possession of indecent or obscene photographic matter. Brick appealed the decision to the Transvaal Provincial Division of the Supreme Court of South Africa. The Transvaal Provincial Division of the Supreme Court of South Africa upheld the trial court's decision. Brick appealed the decision to the Appellate Division of the Supreme Court of South Africa.

Issue

The issue in this case was whether Brick was guilty of possession of indecent or obscene photographic matter.

Holding

The Appellate Division of the Supreme Court of South Africa held that Brick was not guilty of possession of indecent or obscene photographic matter. The court reasoned that Brick did not know that the photographic matter was indecent or obscene.

Reasoning

The court reasoned that Brick did not know that the photographic matter was indecent or obscene. The court also reasoned that the mens rea for the offence of possession of indecent or obscene photographic matter was knowledge that the photographic matter was indecent or obscene.

Conclusion

The Appellate Division of the Supreme Court of South Africa's decision in this case is significant because it clarifies the law relating to the offence of possession of indecent or obscene photographic matter. The decision emphasizes that the mens rea for the offence is knowledge that the photographic matter is indecent or obscene.

The decision also provides guidance to the police and to the courts in relation to the offence of possession of indecent or obscene photographic matter. The police should be aware of the law relating to the offence and should take steps to enforce it. The courts should be aware of the law relating to the offence and should apply it correctly.