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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] |
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 Transvaa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 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] |
Rex V Verity-Amm
Rex may refer to: * Rex (title) (Latin: king, ruler, monarch), a royal title ** King of Rome (Latin: Rex Romae), chief magistrate of the Roman Kingdom People * Rex (given name), for people with the given name * Rex (surname), for people with the surname * Rex (artist), American gay pornographic artist * Rex (singer), Li Xinyi (born 1998), Chinese singer and songwriter * Rex King (wrestler), Timothy Well (1961–2017), American professional wrestler * Mad Dog Rex, professional wrestler from All-Star Wrestling Places * Rex, Georgia, an unincorporated community in the United States * Rex, North Carolina, a census-designated place in the United States * Rex River, Washington, United States * Mount Rex, an isolated mountain in Antarctica * Port Rex Technical High School , a technical high school in South Africa. Animals * ''-rex'', a taxonomic suffix used to describe certain large animals * Rex (dog), once owned by Ronald Reagan * Rex (search and rescue dog), a dog that rece ... [...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 repo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hart V Lancashire & Yorkshire Railway Co
Hart often refers to: * Hart (deer) Hart may also refer to: Organizations * Hart Racing Engines, a former Formula One engine manufacturer * Hart Skis, US ski manufacturer * Hart Stores, a Canadian chain of department stores * Hart's Reptile World, a zoo in Oregon, United States * Harts Stores, a defunct American chain of department stores People * Hart (given name) * Hart (surname) ** Hart family, a family of Canadian professional wrestlers, plus some American and British wrestlers related by marriage *** The Hart Foundation, a number of tag teams or stables, most of them featuring second-generation members of the above family **** The Hart Dynasty, a late-2000s WWE stable that included third-generation members of the family * Hart family murders, a 2018 murder–suicide by Jennifer and Sarah Hart, who murdered their six adopted children Places Austria: * Hart, Austria Australia: * Hart, Northern Territory, a locality * Hart, South Australia, a locality * Cape Hart Conservat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gaffney V Dublin United Tramways
Gaffney is a surname common to the region of Cavan, Ireland, Cavan in Ireland, and now spread across other English-speaking nations. Gaffney comes from the Gaelic septs of Ó Gamhna, Mac Conghamhna and Ó Caibheanaigh. Gaffney more commonly does not appear with the Gaelic prefixes of O' or Mc but there have been Gaffneys recorded with either of the Gaelic prefixes. In Hebrew context the surname Gaffney (Hebrew: גפני, alternative English spellings: Gafni/Gafny) is used for Jewish people whose ancestors were wine makers as "Geffen" (גפן) is the Hebrew word for vitis. Notable people with the surname include: * Beryl Gaffney (born 1930), Canadian politician * Christopher Gaffney (bishop) (died 1576), Irish bishop * Chris Gaffney (musician) (1950–2008), American singer–songwriter * Christopher Gaffney (archaeologist) (born 1962), British archaeologist * Chris Gaffaney (born 1975), New Zealand cricketer * David Gaffney (born 1961), British writer * Dean Gaffney (born 1978), B ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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] |
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] |
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] |
