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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] |