Thomas is employed as a driver by a known gang leader, Mr Mokoena. Mr Mokoena gives Thomas a firearm and instructs him to carry it at all times for protection and to use it if necessary when accompanying him. Thomas knows that the firearm is unlicensed and belongs to Mr Mokoena. On several occasions, Thomas carries the firearm in his jacket and, during an altercation, fires it to intimidate others. Thomas is later arrested and charged with the unlawful possession of a firearm in terms of the Firearms Control Act 60 of 2000. Which of the following best reflects the correct legal position in South African law?

Question

Answer

Thomas cannot be found guilty of possession because the firearm belongs to Mr Mokoena, and he merely acted under instructions.

Answer

Thomas can be found guilty of unlawful possession because he had knowledge of the firearm and exercised physical control over it, even though he acted on behalf of his employer.

Answer

Thomas cannot be found guilty because he did not acquire ownership of the firearm and was using it only temporarily.

Answer

Thomas is only guilty if the State proves that he purchased or permanently retained the firearm for himself.

Crowdly

Thomas is employed as a driver by a known gang leader, Mr Mokoena. Mr Mokoena gi...

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