Legal Question in Criminal Law in South Africa
A friend of mine was charged with allegedly stealing money from her boss. He has no evidence against her, other than the fact that she walked out of her job on the same day that his money went missing. Is has now instructed 2 of his existing employees to give written statements that they did see her stealing money - ( so why didn't they stop her right?). Every other employee has the same level of access that she did - and he has no solid evidence against her. What are her chances of not getting any jail time as the Investigating officers seem convinced that she is guilty base on the statements given by his employees - which are lies!
She is 20 years old and has an infant child. But she does have a previous conviction for theft - which he is harping on and using to his advantage. However, my question is this - Can she be convicted if there is no supporting evidence against her - simply based on her 1 other conviction???
1 Answer from Attorneys
It seems the case against your friend is flimsy at best. Generally, where witnesses fabricate allegations against a person discrepancies arise, exposing the lies.
However, even if your friend is convicted, given her personal circumstances, it is unlikely that she will be sentenced to direct imprisonment.
Nevertheless, I would strongly advise your friend to get legal representation.
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