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R V Schoonwinkel
In ''R v Schoonwinkel'', an important case in South African criminal law, particularly as it applies to the defence of automatism, the driver of a motor vehicle was charged with culpable homicide, having collided with and killed a passenger in another car. The accused had had an epileptic seizure at the time of the accident, rendering his mind a blank. The nature of his epilepsy was such that he would normally not have realised or foreseen the dangers of driving, having had only two previous minor attacks, the last a long time before the accident. This evidence, distinguishing this case from ''R v Victor'', exonerated him from criminal responsibility. The court found additionally that this was not a case falling under the provisions of the Mental Disorders Act, read with section 219 of the Criminal Procedure Act.Act 31 of 1917. See also * Automatism (law) * ''R v Victor'' 1943 TPD 77 * South African criminal law South African criminal law is the body of national law rela ... [...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 repor ... [...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 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 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 civil counterpart) forms part of the public law of South Africa, as well as of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Automatism (law)
In criminal law, automatism is a rarely used criminal defence. It is one of the mental condition defences that relate to the mental state of the defendant. Automatism can be seen variously as lack of voluntariness, lack of culpability (unconsciousness) or excuse. Automatism means that the defendant was not aware of his or her actions when making the particular movements that constituted the illegal act. For example, Esther Griggs in 1858 threw her child out of a first floor window believing that the house was on fire, while having a sleep terror. In 2002, Peter Buck, lead guitarist of the band R.E.M., was cleared of several charges, including assault, which resulted from automatism brought on by a bad interaction between alcohol and sleeping pills. In a 2009 case in Aberporth in west Wales, Brian Thomas strangled his wife in their camper van, also during a sleep terror, when he mistook his wife for an intruder. The defence of automatism is denying that the person was actin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Victor
''R v Victor'', an appeal against a conviction by a magistrate, is an important case in South African criminal law, especially as it bears on the defence of automatism. The driver of a motor vehicle was prone to epileptic seizures, and knew as much, but nevertheless put himself behind the wheel of a motor car. He had a seizure while driving and collided with a pedestrian and another car. The court on appeal sustained his conviction by a magistrate on the ground that the negligence which the accused there committed was not so much in the driving of the vehicle, but in his driving at all, knowing of his physical disability. A reasonable person would have foreseen the likelihood of a seizure and refrained from driving. The appellant's attorneys were Frank & Joffe. Facts Whilst driving a motor-car on a public road, the appellant had sustained an epileptic seizure and lost control of the car, which collided with a pedestrian and with another car. He had been charged and convicted o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Automatism (law)
In criminal law, automatism is a rarely used criminal defence. It is one of the mental condition defences that relate to the mental state of the defendant. Automatism can be seen variously as lack of voluntariness, lack of culpability (unconsciousness) or excuse. Automatism means that the defendant was not aware of his or her actions when making the particular movements that constituted the illegal act. For example, Esther Griggs in 1858 threw her child out of a first floor window believing that the house was on fire, while having a sleep terror. In 2002, Peter Buck, lead guitarist of the band R.E.M., was cleared of several charges, including assault, which resulted from automatism brought on by a bad interaction between alcohol and sleeping pills. In a 2009 case in Aberporth in west Wales, Brian Thomas strangled his wife in their camper van, also during a sleep terror, when he mistook his wife for an intruder. The defence of automatism is denying that the person was actin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1953 In South African Law
Events January * January 6 – The Asian Socialist Conference opens in Rangoon, Burma. * January 12 – Estonian émigrés found a government-in-exile in Oslo. * January 14 ** Marshal Josip Broz Tito is chosen President of Yugoslavia. ** The CIA-sponsored Robertson Panel first meets to discuss the UFO phenomenon. * January 15 – Georg Dertinger, foreign minister of East Germany, is arrested for spying. * January 19 – 71.1% of all television sets in the United States are tuned into ''I Love Lucy'', to watch Lucy give birth to Little Ricky, which is more people than those who tune into Dwight Eisenhower's inauguration the next day. This record has yet to be broken. * January 20 – Dwight D. Eisenhower is sworn in as the 34th President of the United States. * January 24 ** Mau Mau Uprising: Rebels in Kenya kill the Ruck family (father, mother, and six-year-old son). ** Leader of East Germany Walter Ulbricht announces that agriculture will be collect ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1953 In Case Law
Events January * January 6 – The Asian Socialist Conference opens in Rangoon, Burma. * January 12 – Estonian émigrés found a Estonian government-in-exile, government-in-exile in Oslo. * January 14 ** Marshal Josip Broz Tito is chosen President of Socialist Federal Republic of Yugoslavia, Yugoslavia. ** The Central Intelligence Agency, CIA-sponsored Robertson Panel first meets to discuss the Unidentified flying object, UFO phenomenon. * January 15 – Georg Dertinger, foreign minister of East Germany, is arrested for spying. * January 19 – 71.1% of all television sets in the United States are tuned into ''I Love Lucy'', to watch Lucy give birth to Little Ricky, which is more people than those who tune into Dwight Eisenhower's inauguration the next day. This record has yet to be broken. * January 20 – Dwight D. Eisenhower is First inauguration of Dwight D. Eisenhower, sworn in as the 34th President of the United States. * January 24 ** Mau Mau Upr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Criminal Case Law
South is one of the cardinal directions or compass points. The direction is the opposite of north and is perpendicular to both east and west. Etymology The word ''south'' comes from Old English ''sūþ'', from earlier Proto-Germanic ''*sunþaz'' ("south"), possibly related to the same Proto-Indo-European root that the word ''sun'' derived from. Some languages describe south in the same way, from the fact that it is the direction of the sun at noon (in the Northern Hemisphere), like Latin meridies 'noon, south' (from medius 'middle' + dies 'day', cf English meridional), while others describe south as the right-hand side of the rising sun, like Biblical Hebrew תֵּימָן teiman 'south' from יָמִין yamin 'right', Aramaic תַּימנַא taymna from יָמִין yamin 'right' and Syriac ܬܰܝܡܢܳܐ taymna from ܝܰܡܝܺܢܳܐ yamina (hence the name of Yemen, the land to the south/right of the Levant). Navigation By convention, the ''bottom or down-facing side'' of a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Western Cape Division Cases
Western may refer to: Places *Western, Nebraska, a village in the US * Western, New York, a town in the US *Western Creek, Tasmania, a locality in Australia * Western Junction, Tasmania, a locality in Australia *Western world, countries that identify with shared "Western" culture Arts and entertainment Films * ''Western'' (1997 film), a French road movie directed by Manuel Poirier * ''Western'' (2017 film), a German-Austrian film Genres * Western (genre), a category of fiction and visual art centered on the American Old West ** Western fiction, the Western genre as featured in literature ** Western music (North America), a type of American folk music Music * ''Westerns'' (EP), an EP by Pete Yorn * WSTRN, a British hip hop group from west London Business * The Western, a closed hotel/casino in Las Vegas, United States * Western Cartridge Company, a manufacturer of ammunition * Western Publishing, a defunct publishing company Educational institutions * Western Washington Un ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
