An inebriated woman who attempted to steal alcohol from a Grahamstown liquor store has failed to have her theft conviction overturned based on the argument she never actually got away with the booze.
Alincia Brown was arrested in February last year after a security guard caught her trying to walk out of Pick n Pay Liquor with bottles of Russian Bear Vodka and Southern Comfort hidden beneath her dress.
The trial court heard how Brown first claimed her friend, still inside the shop, had a receipt for the liquor before she sneaked one of the bottles back onto the store shelf.
Security guard Makhi Mnqanana testified Brown attempted to forcefully leave the shop and he had to confiscate the vodka from her. The incident was caught on CCTV.
In an appeal to the Grahamstown High Court, Brown claimed that she never actually completed the theft and therefore the owner of the alcohol never actually lost control of those items. She believed the charge of theft should, therefore, have been changed to attempted theft.
It was submitted that “if the alleged thief is caught red-handed, so to speak, the completed”.
She said Brown never abandoned her intention to steal.
She had already passed the pay points when she attempted to leave the store without paying for the items.
“The items were retrieved only after they had been stolen and through the intervention [of Mnqanana],” said Judge Revelas.
“In fact, far from recognising that the security guard had noticed what she was doing, and abandoning her intended course of action, she forcefully sought to leave a second time with a single bottle of alcohol hidden in her clothing.”
Revelas concluded that Brown clearly had no intention of paying for the items. The appeal was accordingly dismissed. — DDC theft Elna has not Revelas been disagreed.
By Kathryn Kimberley – HeraldLIVE