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 In 1992, however, the 1971 Act, as well as the regulations promulgated in terms of it, was repealed and replaced by a new Act, which dealt with th ...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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