S V Francis
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S V Francis
''S v Francis'' is an important case in South African criminal law. It deals with that subdivision of the principle of legality known as the ''ius acceptum'' rule in statutory crimes: the rule stipulating that a court may convict an accused of a crime only if the type of act which he committed is recognised by the law—in this instance the statutory law as a crime. Facts The accused, who had been an inmate of a rehabilitation centre, was charged with having absconded from the centre: that is, of having run away from the centre without the permission of the superintendent of the centre. The State charged the accused with contravening a certain regulation, promulgated in terms of an Act of 1971 which dealt with rehabilitation centres. This regulation made it clear that the act which the accused had allegedly committed constituted a crime. In 1992, however, the 1971 Act, as well as the regulations promulgated in terms of it, was repealed and replaced by a new Act, which dealt with th ...
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R V Forlee
In ''R v Forlee'', the accused was charged with contravening a statutory provision that forbade the purchase of opium. The prohibition was taken over from an earlier Act, in which the purchase of opium was expressly declared a crime. In the new Act, which replaced the previous one, the criminal sanction (the provisions declaring the purchase to be a crime) was omitted. The court remarked as follows: If this omission were intentional, then the Legislature considered either that the common law provided a penalty or that no penalty should be imposed at all. The latter conclusion is negatived by the whole tenor of those statutes .. Te reasonable assumption is that the Legislature, whilst intending the prohibition to be absolute and effective, overlooked the absence of any expressed penalty .. It is clear that no law of this kind can be effective without a penalty; and the argument that the Courts must therefore be held to have the power to inflict a penalty, wherever the Legislature ha ...
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South African Law Reports, Transvaal Provincial Division
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reported ...
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R V Langley
R, or r, is the eighteenth letter of the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ar'' (pronounced ), plural ''ars''. The letter is the eighth most common letter in English and the fourth-most common consonant, after , , and . Name The name of the letter in Latin was (), following the pattern of other letters representing continuants, such as , , , , and . This name is preserved in French and many other languages. In Middle English, the name of the letter changed from to , following a pattern exhibited in many other words such as ''farm'' (compare French ) and ''star'' (compare German ). In Hiberno-English, the letter is called or , somewhat similar to ''oar'', ''ore'', ''orr''. The letter R is sometimes referred to as the 'canine letter', often rendered in English as the dog's letter. This Latin term referred to the Latin that was trilled to sound lik ...
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South African Law Reports, Cape Provincial Division
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called Reporter (law), reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has th ...
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R V Baraitser
R, or r, is the eighteenth letter of the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ar'' (pronounced ), plural ''ars''. The letter is the eighth most common letter in English and the fourth-most common consonant, after , , and . Name The name of the letter in Latin was (), following the pattern of other letters representing continuants, such as , , , , and . This name is preserved in French and many other languages. In Middle English, the name of the letter changed from to , following a pattern exhibited in many other words such as ''farm'' (compare French ) and ''star'' (compare German ). In Hiberno-English, the letter is called or , somewhat similar to ''oar'', ''ore'', ''orr''. The letter R is sometimes referred to as the 'canine letter', often rendered in English as the dog's letter. This Latin term referred to the Latin that was trilled to sound lik ...
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S V La Grange
S, or s, is the nineteenth letter of the Latin alphabet, used in the English alphabet, the alphabets of other western European languages and other latin alphabets worldwide. Its name in English is ''ess'' (pronounced ), plural ''esses''. History Northwest Semitic šîn represented a voiceless postalveolar fricative (as in 'ip'). It originated most likely as a pictogram of a tooth () and represented the phoneme via the acrophonic principle. Ancient Greek did not have a "sh" phoneme, so the derived Greek letter Sigma () came to represent the voiceless alveolar sibilant . While the letter shape Σ continues Phoenician ''šîn'', its name ''sigma'' is taken from the letter ''Samekh'', while the shape and position of ''samekh'' but name of ''šîn'' is continued in the '' xi''. Within Greek, the name of ''sigma'' was influenced by its association with the Greek word (earlier ), "to hiss". The original name of the letter "Sigma" may have been ''san'', but due to the earl ...
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Criminal Law In South Africa
South African criminal law is the body of national law relating to crime in South Africa. In the definition of Van der Walt ''et al.'', a crime is "conduct which Common law, common or statute law prohibits and expressly or impliedly subjects to punishment remissible by the state alone and which the offender cannot avoid by his own act once he has been convicted." Crime involves the infliction of harm against society. The function or object of criminal law is to provide a social mechanism with which to coerce members of society to abstain from conduct that is harmful to the interests of society. In South Africa, as in most Adversarial system, adversarial legal systems, the standard of evidence required to validate a criminal conviction is proof beyond a reasonable doubt. The sources of South African criminal law are to be found in the common law, in case law and in legislation. Criminal law (which is to be distinguished from its South African civil law, civil counterpart) forms ...
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Legality
Legality, in respect of an act, agreement, or contract is the state of being consistent with the law or of being lawful or unlawful in a given jurisdiction, and the construct of power. ''Merriam-Webster'' defines legality as "1: attachment to or observance of law. 2: the quality or state of being legal." BusinessDictionary.com, ''The Law Dictionary'', and ''My Law Dictionary'' definition explains concept of attachment to law as "Implied warranty that an act, agreement, or contract strictly adheres to the statutes of a particular jurisdiction. For example, in insurance contracts it is assumed that all risks covered under the policy are legal ventures." Definitions Vicki Schultz states that we collectively have a shared knowledge about most concepts. How we interpret the reality of our actual understanding of a concept manifests itself through the different individual narratives that we tell about the origins and meanings of a particular concept. The difference in narratives, abou ...
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South African Criminal Law Reports
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reported ...
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1994 In South African Law
The year 1994 was designated as the "International Year of the Family" and the "International Year of Sport and the Olympic Ideal" by the United Nations. In the Line Islands and Phoenix Islands of Kiribati, 1994 had only 364 days, omitting December 31. This was due to an adjustment of the International Date Line by the Kiribati government to bring all of its territories into the same calendar day. Events January * January 1 ** The North American Free Trade Agreement (NAFTA) is established. ** Beginning of the Zapatista uprising in Mexico. * January 8 – ''Soyuz TM-18'': Valeri Polyakov begins his 437.7-day orbit of the Earth, eventually setting the world record for days spent in orbit. * January 11 – The Irish government announces the end of a 15-year broadcasting ban on the Provisional Irish Republican Army and its political arm Sinn Féin. * January 14 – U.S. President Bill Clinton and Russian President Boris Yeltsin sign the Kremlin accords, which stop the prepro ...
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1994 In Case Law
The year 1994 was designated as the " International Year of the Family" and the "International Year of Sport and the Olympic Ideal" by the United Nations. In the Line Islands and Phoenix Islands of Kiribati, 1994 had only 364 days, omitting December 31. This was due to an adjustment of the International Date Line by the Kiribati government to bring all of its territories into the same calendar day. Events January * January 1 ** The North American Free Trade Agreement (NAFTA) is established. ** Beginning of the Zapatista uprising in Mexico. * January 8 – '' Soyuz TM-18'': Valeri Polyakov begins his 437.7-day orbit of the Earth, eventually setting the world record for days spent in orbit. * January 11 – The Irish government announces the end of a 15-year broadcasting ban on the Provisional Irish Republican Army and its political arm Sinn Féin. * January 14 – U.S. President Bill Clinton and Russian President Boris Yeltsin sign the Kremlin accords, which stop t ...
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