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R V Patel
''R v Patel'' is an important case in South African criminal law, heard on May 8, 1959. The appellant's attorneys were Levy, Rogaly & Cohen, Pretoria, and S. and v A Rosendorff, Bloemfontein. The Appellate Division ruled that "a person has the same right to use force in the defence of another from a threatened danger, as he would have to defend himself, if he were the person threatened." Facts In an appeal from a conviction of culpable homicide, it appeared that the appellant's brother had been struck by the deceased on the back with a hammer, and—he was then in a crouching position—that the next hammer blow might have landed on his head. The appellant had in this critical situation used the only weapon to hand: his revolver. He had fired at the deceased and killed him. Judgment The general principles mentioned by Watermeyer CJ, in '' R v Attwood'', are that an accused is entitled to an acquittal on the ground that he was acting in self-defence if it appears as a reason ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appellate Division (South Africa)
The Supreme Court of Appeal (SCA), formerly known as the Appellate Division, is the second-highest court of appeal in South Africa below the Constitutional Court. The country's apex court from 1910 to 1994, it no longer holds that position, having been displaced in constitutional matters by the Constitutional Court in 1994, and in all matters by 2013. It is located in Bloemfontein. Bloemfontein is often, and has been traditionally referred to, as the "judicial capital" of South Africa because of the court, although the Constitutional Court is based in Johannesburg. History On the creation of the Union of South Africa from four British colonies in 1910, the supreme courts of the colonies became provincial divisions of the new Supreme Court of South Africa, and the Appellate Division was created as a purely appellate court superior to the provincial divisions. It was the seat of some of the country's most outstanding judges including Innes CJ, Watermeyer CJ, Galgut JA, Wes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lucas Cornelius Steyn
Lucas Cornelius Steyn, PC, QC (21 December 1903 – 28 July 1976) was Chief Justice of South Africa and, as such, acted as Governor-General on two occasions. Early life Steyn was born in 1903 on a farm in the Orange River Colony, shortly after it had fallen under British rule during the Boer War. His parents were Christiaan Louwrens Steyn and Magdalena Josina Maria Kruger. He attended Kroonstad Secondary School and graduated with a law degree from the University of Stellenbosch in 1926, was admitted as an advocate (the South African equivalent of a barrister) in 1928, and obtained a doctorate in law in 1929. Legal career There followed an illustrious career as a civil servant under four successive Prime Ministers. He was Attorney-General of South West Africa, which was then under South African administration, from 1931 to 1933, and worked in the Department of Justice from 1933 to 1944. He was appointed a King's Counsel in 1943. He assisted the South African delegation to t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Andrew Beyers
Andries Brink Beyers KC (30 October 1903 – 6 September 1975) known as "Andrew", was a South African jurist, judge and Judge President of the Cape Provincial Division of the Supreme Court from 1959 until 1973. Early life and education Beyers was born in Caledon in the Cape Colony, the son of a farmer, Johannes Wilhelmus Wessels Beyers and his wife, Anna Magdalena Oosthuizen. He matriculated at the Caledon Public School, after which he studied law at the University of Stellenbosch, and graduated with distinction. Career Beyers started in 1928 as a senior lecturer in Roman-Dutch law at Stellenbosch University and in 1936 he decided to give up an academic career and joined the Cape Bar. He was known as a trial lawyer and in 1946, he was appointed a King's Counsel. He was leading counsel for the government in the constitutional cases concerning the validity of the Separate Representation of Voters Act in 1952 and 1953. In August 1954, he received an acting appointment as ju ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Attwood
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Law Reports, Appellate 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Ndara
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crime
In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a Category of being, category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is def ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of South Africa
South Africa has a 'hybrid' or 'mixed' legal system, formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which there are many variations depending on the tribal origin). These traditions have had a complex interrelationship, with the English influence most apparent in procedural aspects of the legal system and methods of adjudication, and the Roman-Dutch influence most visible in its substantive private law. As a general rule, South Africa follows English law in both criminal and civil procedure, company law, constitutional law and the law of evidence; while Roman-Dutch common law is followed in the South African contract law, law of delict (tort), law of persons, law of things, family law, etc. With the commencement in 1994 of the interim Constitution, and in 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Criminal Law
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appellate Division (South Africa) Cases
Appellate Division may refer to: * Bangladesh Supreme Court, Appellate Division * New York Supreme Court, Appellate Division * New Jersey Superior Court, Appellate Division The New Jersey Superior Court, Appellate Division (in case citation, N.J. Super. Ct. App. Div) is the intermediate appellate court in New Jersey. "The Appellate Division of New Jersey's Superior Court is the first level appellate court, with ap ... See also * Supreme Court of Prince Edward Island#Appeal_Division * Court of Appeal (other) * Court of Appeals (other) * State court (United States)#Nomenclature {{disambig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1959 In South African Law
Events January * January 1 – Cuba: Fulgencio Batista flees Havana when the forces of Fidel Castro advance. * January 2 – Soviet lunar probe Luna 1 is the first human-made object to attain escape velocity from Earth. It reaches the vicinity of Earth's Moon, where it was intended to crash-land, but instead becomes the first spacecraft to go into heliocentric orbit. * January 3 ** Alaska is admitted as the 49th U.S. state. ** The southernmost island of the Maldives archipelago, Addu Atoll, declares its independence from the Kingdom of the Maldives, initiating the United Suvadive Republic. * January 4 ** In Cuba, rebel troops led by Che Guevara and Camilo Cienfuegos enter the city of Havana. ** Léopoldville riots: At least 49 people are killed during clashes between the police and participants of a meeting of the ABAKO Party in Kinshasa, Léopoldville in the Belgian Congo. * January 6 – The International Maritime Organization is inaugurated. * January 7 – The United ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
