R V Bourke
   HOME





R V Bourke
In ''Rex v Bourke'', an important case in South African criminal law, the Transvaal Provincial Division (TPD) held that, under Roman-Dutch law, drunkenness is, as a general rule, no defence to a crime, although it may be a reason for mitigation of punishment. If the drunkenness is not voluntary—that is, if not caused by an act of the accused—and results in rendering the accused unconscious of what he was doing, he would not be responsible in law for an act done while in such a state. If constant drunkenness has induced a state of mental disease rendering the accused unconscious of his act at the time, he is not responsible and can be declared insane. Where a special intention is necessary to constitute a particular offence, drunkenness might reduce the crime from a more serious to a less serious one. Facts The accused was charged before Mason J, and a jury at the Pretoria Criminal Sessions, with the crime of rape upon a European girl, of the age of ten years. It appeared f ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


Transvaal Provincial Division
The Gauteng Division of the High Court of South Africa is a superior court of law which has general jurisdiction over the South African province of Gauteng and the eastern part of North West province. The main seat of the division is at Pretoria, while a local seat at Johannesburg has concurrent jurisdiction over the southern parts of Gauteng. Dunstan Mlambo has been the Judge President of the division since 1 November 2012. History A High Court was established for the South African Republic (the Transvaal Republic) in 1877, while the Witwatersrand gold fields were visited by a circuit court subordinate to the High Court. Both courts ceased to exist as a result of the British victory in the Second Anglo-Boer War. In 1902, two superior courts were established for the new Transvaal Colony: the Supreme Court of the Transvaal in Pretoria, and subordinate to it the High Court of Witwatersrand in Johannesburg. On the creation of the Union of South Africa these courts became the Transva ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


State V O'Donovan
State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a state where the majority identify with a single nation (with shared culture or ethnic group) ** Constituent state, a political subdivision of a state ** Federated state, constituent states part of a federation *** U.S. state * State of nature, a concept within philosophy that describes the way humans acted before forming societies or civilizations State may also refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our State'', a monthly magazine published in North Carolina and formerly called ''The State'' * The State (Larry Niven), a fictional future government ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

1916 In South African Law
Events Below, the events of the First World War have the "WWI" prefix. January * January 1 – The British Empire, British Royal Army Medical Corps carries out the first successful blood transfusion, using blood that has been stored and cooled. * January 9 – WWI: Gallipoli Campaign – The last British troops are evacuated from Gallipoli, as the Ottoman Empire prevails over a joint British and French operation to capture Constantinople. * January 10 – WWI: Erzurum Offensive – Russia defeats the Ottoman Empire. * January 12 – The Gilbert and Ellice Islands Colony, part of the British Empire, is established in modern-day Tuvalu and Kiribati. * January 13 – WWI: Battle of Wadi (1916), Battle of Wadi – Ottoman Empire forces defeat the British, during the Mesopotamian campaign in modern-day Iraq. * January 29 – WWI: Paris is bombed by German Empire, German zeppelins. * January 31 – WWI: An attack is planned on Verdun, France. Febru ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  



MORE