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R V Shelembe
''R v Shelembe''1955 (4) SA 410 (N). is an important case in South African criminal law, heard in the Natal Provincial Division, by Selke AJP and Kennedy J, on August 22, 1955. DJH Niehaus appeared for the accused, at the request of the court; EA Logie appeared for the Crown. Judgment came down on August 30. The case revolved around a charge of malicious injury to property, where the accused, endeavouring to escape from a room into which he had broken, broke in a two a locked door. Since the accused had also been charged and convicted of housebreaking with intent to commit a crime to the prosecutor unknown, the question arose: Was there a splitting of charges? The court held that breaking into a room and breaking out of it are two separate and distinct incidents. There had, therefore, not been a splitting of charges. Facts The accused had been charged and convicted on two counts: # housebreaking with intent to commit a crime to the prosecutor unknown; and # malicious injury to ... [...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] |
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] |
1955 In South African Law
Events January * January 3 – José Ramón Guizado becomes president of Panama. * January 17 – , the first nuclear-powered submarine, puts to sea for the first time, from Groton, Connecticut. * January 18– 20 – Battle of Yijiangshan Islands: The Chinese Communist People's Liberation Army seizes the islands from the Republic of China (Taiwan). * January 22 – In the United States, The Pentagon announces a plan to develop intercontinental ballistic missiles (ICBMs), armed with nuclear weapons. * January 23 – The Sutton Coldfield rail crash kills 17, near Birmingham, England. * January 25 – The Presidium of the Supreme Soviet of the Soviet Union announces the end of the war between the USSR and Germany, which began during World War II in 1941. * January 28 – The United States Congress authorizes President Dwight D. Eisenhower to use force to protect Formosa from the People's Republic of China. February * February 10 – The United States Seventh Fleet help ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1955 In Case Law
Events January * January 3 – José Ramón Guizado becomes president of Panama. * January 17 – , the first nuclear-powered submarine, puts to sea for the first time, from Groton, Connecticut. * January 18– 20 – Battle of Yijiangshan Islands: The Chinese Communist People's Liberation Army seizes the islands from the Republic of China (Taiwan). * January 22 – In the United States, The Pentagon announces a plan to develop intercontinental ballistic missiles (ICBMs), armed with nuclear weapons. * January 23 – The Sutton Coldfield rail crash kills 17, near Birmingham, England. * January 25 – The Presidium of the Supreme Soviet of the Soviet Union announces the end of the war between the USSR and Germany, which began during World War II in 1941. * January 28 – The United States Congress authorizes President Dwight D. Eisenhower to use force to protect Formosa from the People's Republic of China. February * February 10 – The United States Seventh Fleet helps t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
KwaZulu-Natal Division Cases
KwaZulu-Natal (, also referred to as KZN and known as "the garden province") is a province of South Africa that was created in 1994 when the Zulu bantustan of KwaZulu ("Place of the Zulu" in Zulu) and Natal Province were merged. It is located in the southeast of the country, with a long shoreline on the Indian Ocean and sharing borders with three other provinces and the countries of Mozambique, Eswatini and Lesotho. Its capital is Pietermaritzburg, and its largest city is Durban. It is the second-most populous province in South Africa, with slightly fewer residents than Gauteng. Two areas in KwaZulu-Natal have been declared UNESCO World Heritage Sites: the iSimangaliso Wetland Park and the uKhahlamba Drakensberg Park. These areas are extremely scenic as well as important to the surrounding ecosystems. During the 1830s and early 1840s, the northern part of what is now KwaZulu-Natal was established as the Zulu Kingdom while the southern part was, briefly, the Boer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
