The State versus David Cunningham King (Case No: CC 257/2005)
29 Aug 2013
Mr David Cunningham King, the accused in the case of The State versus DC King (Case no.: CC257/2005 - otherwise referred to as the King 1 case), today entered a plea of guilty in the South Gauteng High Court held at Palm Ridge, on 41 counts of various contraventions of section 75 of the Income Tax Act 58 of 1962, as per the indictment.
The said plea is in accordance with a plea and sentence agreement in terms of section 105A(1) of the Criminal Procedure Act 51 of 1977, entered into between the accused and the National Prosecuting Authority. The High Court was satisfied that the aforesaid agreement complied with the requirements of the provisions of section 105A(1) of the Criminal Procedure Act, that the accused admitted the allegations in the above-mentioned counts and that he was guilty of the offences.
The Court was moreover satisfied that the sentence agreement was just, whereupon the Court proceeded to convict the accused of the offences and sentenced the accused in accordance with the sentence agreement.
In terms of the agreement, the accused was sentenced to a fine of R80 000.00 or 24 months' imprisonment on each of the 41 counts, being the maximum sentence provided for in the Income Tax Act read with the Adjustment of Fines Act 101 of 1991. The effective sentence, as confirmed in the agreement, is a fine of R3 280 000.00 or 984 months (82 years) imprisonment.