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R V Kewelram
''R v Kewelram''1922 AD 213. is an important case in South African law. It was heard in the Appellate Division, Bloemfontein, on 15 February 1922, with judgment handed down on 6 March. The judges were Innes CJ, Solomon JA, Maasdorp JA, De Villiers JA and Juta JA. Facts The appellant was convicted by a jury of arson on an indictment which charged him with setting fire to the store of one "M," with the intent to injure "M" in his property. The appellant was the occupant of the store, and his stock in it was insured against fire. The jury found, upon certain questions put to it by the presiding judge, * that the appellant set fire to his stock with the object of defrauding the insurance company; * that the fire damaged the building; and * that the appellant must have known and realised that that would be the result. Judgment Upon certain questions of law reserved, the Appellate Division held that, in order to support the indictment, it was not necessary for the Crown to establi ...
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South African Law
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 ...
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Bloemfontein
Bloemfontein ( ; ), also known as Bloem, is the capital and the largest city of the Free State (province), Free State province in South Africa. It is often, and has been traditionally, referred to as the country's "judicial capital", alongside the legislative capital Cape Town and Administration (government), administrative capital Pretoria, although the highest court in South Africa, the Constitutional Court of South Africa, Constitutional Court, has been in Johannesburg since 1994. Situated at an elevation of above sea level, the city is home to 256,185 (as of 2011) residents and forms part of the Mangaung Metropolitan Municipality which has a population of 747,431. It was one of the host cities for the 2010 FIFA World Cup. The city of Bloemfontein hosts the Supreme Court of Appeal (South Africa), Supreme Court of Appeal, the Franklin Game Reserve, :af:Naval Hill, Naval Hill, the Maselspoort, Maselspoort Resort and the Sand du Plessis Theatre. The city hosts numerous muse ...
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Arson
Arson is the act of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, watercraft, or forests. The crime is typically classified as a felony, with instances involving risk to human life or property carrying a stricter penalty. Arson that results in death can be further prosecuted as manslaughter or murder. A common motive for arson is to commit insurance fraud. In such cases, a person destroys their own property by burning it and then lies about the cause in order to collect against their insurance policy. Arson is also often committed to conceal another crime, such as murder or burglary. A person who commits arson is referred to as an arsonist, or a serial arsonist if the person has committed arson several times. Arsonists normally use an accelerant (such as gasoline or kerosene) to ignite, propel, and direct fir ...
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Crime In South Africa
Crime in South Africa includes all violent and non-violent crimes that take place in the country of South Africa, or otherwise within its jurisdiction. When compared to other countries, South Africa has notably high rates of violent crime and has a reputation for consistently having one of the highest murder rates in the world. The country also experiences high rates of Organized crime, organised crime relative to other countries. Causes Crime levels have been attributed to poverty, problems with delivery of public services, and wealth disparity. The Institute for Security Studies also highlighted factors beyond poverty and inequality in post-apartheid South Africa, inequality, particularly social stress from uncaring environments in early childhood and subsequent lack of guardianship. South Africa's high crime rates, recidivism and overburdened criminal justice system have been described as a crisis which will require a radical rethink of Law, crime and punishment in young peo ...
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Evidence
Evidence for a proposition is what supports the proposition. It is usually understood as an indication that the proposition is truth, true. The exact definition and role of evidence vary across different fields. In epistemology, evidence is what Justification (epistemology), justifies beliefs or what makes it rational to hold a certain wikt:doxastic, doxastic attitude. For example, a perceptual experience of a tree may serve as evidence to justify the belief that there is a tree. In this role, evidence is usually understood as a private mental state. In Phenomenology (philosophy), phenomenology, evidence is limited to intuitive knowledge, often associated with the controversial assumption that it provides indubitable access to truth. In the science, scientific evidence is information gained through the scientific method that confirms or disconfirms Hypothesis#Scientific hypothesis, scientific hypotheses, acting as a neutral arbiter between competing Scientific theory, theories. Mea ...
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Intention (criminal Law)
In criminal law, intent is a subjective state of mind () that must accompany the acts of certain crimes to constitute a violation. A more formal, generally synonymous legal term is : intent or knowledge of wrongdoing. Definitions Intent is defined in English law by the ruling in ''R v Mohan'' 976QB 1 as "the decision to bring about a prohibited consequence" ( malum prohibitum). A range of words represents shades of ''intent'' in criminal laws around the world. The mental element, or ''mens rea'', of murder, for example, was historically called malice aforethought. In some jurisdictions transferred intent allows the prosecution for intentional murder if a death occurs in the course of committing an intentional crime (see Felony murder rule). The intent for the other crime is transferred to the killing in this type of situation. The language of "malice" is mostly abandoned and intent element of a crime, such as intent to kill, may exist without a malicious motive, or even wit ...
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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 ...
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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 ...
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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 ...
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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 ...
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1922 In South African Law
Nineteen or 19 may refer to: * 19 (number) * One of the years 19 BC, AD 19, 1919, 2019 Films * ''19'' (film), a 2001 Japanese film * ''Nineteen'' (1987 film), a 1987 science fiction film * ''19-Nineteen'', a 2009 South Korean film * ''Diciannove'', a 2024 Italian drama film informally referred to as "Nineteen" in some sources Science * Potassium, an alkali metal * 19 Fortuna, an asteroid Music * 19 (band), a Japanese pop music duo Albums * ''19'' (Adele album), 2008 * ''19'', a 2003 album by Alsou * ''19'', a 2006 album by Evan Yo * ''19'', a 2018 album by MHD * ''19'', one half of the double album ''63/19'' by Kool A.D. * ''Number Nineteen'', a 1971 album by American jazz pianist Mal Waldron * ''XIX'' (EP), a 2019 EP by 1the9 Songs * "19" (song), a 1985 song by British musician Paul Hardcastle * "Stone in Focus", officially "#19", a composition by Aphex Twin * "Nineteen", a song from the 1992 album ''Refugee'' by Bad4Good * "Nineteen", a song from the 2001 al ...
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