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R V Schoombie
''R v Schoombie'' is an important case in South African law, heard in the Appellate Division on 21 March 1945, with judgment handed down on 15 May, and Watermeyer CJ, Tindall JA, Greenberg JA and Davis AJA presiding. Facts On an indictment for attempted arson, it was proved * that the accused had gone by car to a shop in the early hours of the morning, taking with him petrol and a tin containing inflammable material; * that he had placed the tin against the door of the shop and poured petrol into and around it in such a way that the petrol ran under the door into the shop; and * that he was at this stage interrupted by the arrival of a "native" constable. The accused was duly convicted. Judgment The Appellate Division, upon a question of law reserved, held * that, since petrol which has been poured out spreads and evaporates quickly, it could legitimately be inferred that the accused was on the point of igniting it at the moment he was interrupted; * that consequently ...
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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 199 ...
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Ernest Frederick Watermeyer
Ernest Frederick Watermeyer, PC, QC (12 October 1880 – 18 January 1958), was the Chief Justice of South Africa from 1943 to 1950. Watermeyer was born in Graaff-Reinet in 1880. He was educated at Stellenbosch Gymnasium, Bath College and Gonville and Caius College, Cambridge, where he read Mathematics, then Law. He was called to the bar in England by the Inner Temple in 1904, and admitted to the Cape bar in 1905. He became a King's Counsel in 1921. From 1922 to 1937, he was a judge of the Cape Provincial Division of the Supreme Court of South Africa. In 1937, he was promoted to the Supreme Court's Appellate Division. In 1943, he was appointed Chief Justice of South Africa and was sworn of the Privy Council A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ... the same year, th ...
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Benjamin Tindall
Benjamin Arthur Tindall KC (26 April 1879 – 3 February 1963) was a South African judge who served as Judge President of the Transvaal Provincial Division of the Supreme Court of South Africa and Judge op Appeal. Early life and education Tindall was born in Leliefontein, a small Wesleyan mission station in the Namaqualand region of South Africa. His father, Henry Tindall, was a Wesleyan missionary, who also travelled widely in the area and became an expert on the customs and language of the Nama people. Tindall received his schooling at the Stellenbosch Gymnasium, after which he went on to the Victoria College in Stellenbosch, where he obtained a BA in Literature and an LL.B. in 1901. Career Tindall started his working life in the Cape Civil Service and then as private secretary of Justice James Rose Innes. He joined the Cape Bar in January 1903 and a month later he joined the Pretoria Bar. He took silk in 1919 and in 1922 was appointed a judge of the Transvaal Provincia ...
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Leopold Greenberg (judge)
Leopold Greenberg KC (21 March 1885 – 12 September 1964) was a South African judge who served as Judge President of the Transvaal Provincial Division of the Supreme Court of South Africa and Judge of Appeal. Early life and education Greenberg, who was Jewish, was born in Calvinia in the Cape Colony. He attended Grey College in Bloemfontein and in 1900 he relocated to Cape Town, to continue his studies at the South African College, where he obtained a BA (Hons.) degree. After graduating, he started working for a law firm in Johannesburg and studying part-time for his LLB degree, which he obtained in 1907. Career In May 1908, Greenberg was admitted to the Cape Town Bar, where he practised from 1909 to 1911. He was admitted to the Bar in Johannesburg in 1911 and took silk in 1924, and almost four months after taking silk he became a judge of the Transvaal Provincial Division of the Supreme Court. Greenberg was appointed Judge President of Transvaal Division in 1938 and five ...
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Reginald Davis (judge)
Reginald Percy Basil Davis KC (14 December 1881 – 6 December 1948) was a South African judge and Judge President of the Cape Provincial Division of the Supreme Court. Early life and education Born in London, Davis moved with family to the Cape Colony at a young age and the family settled in Kimberley. He received his schooling at the Diocesan College School from 1892 until 1894 and in 1895 went to Harrow in London, England. In 1900 he returned to Cape Town and began working as an articled clerk, when he was persuaded to take the matriculation examination. He achieved first place in the Cape Colony in the examination, after which he decided to become an advocate. In 1901 he then gained second place in the intermediate examination and in 1903 he obtained an honours B.A. in Classical Languages and won the Porter Scholarship. Davis entered New College, Oxford in 1904 and the following month became a member of the Inner Temple in London. In June 1907 he obtained an honours B.A. i ...
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Arson
Arson is the crime 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 a greater degree of risk to human life or property carrying a stricter penalty. Arson which 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. A person who commits arson is referred to as an arsonist, or a serial arsonist if arson has been committed several times. Arsonists normally use an accelerant (such as gasoline or kerosene) to ignite, propel and directionalize fires, and the detection and identification of ignitable ...
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Petrol
Gasoline (; ) or petrol (; ) (see ) is a transparent, petroleum-derived flammable liquid that is used primarily as a fuel in most spark-ignited internal combustion engines (also known as petrol engines). It consists mostly of organic compounds obtained by the fractional distillation of petroleum, enhanced with a variety of additives. On average, U.S. refineries produce, from a barrel of crude oil, about 19 to 20 gallons of gasoline; 11 to 13 gallons of distillate fuel (most of which is sold as diesel fuel); and 3 to 4 gallons of jet fuel. The product ratio depends on the processing in an oil refinery and the crude oil assay. A barrel of oil is defined as holding 42 US gallons, which is about 159 liters or 35 imperial gallons. The characteristic of a particular gasoline blend to resist igniting too early (which causes knocking and reduces efficiency in reciprocating engines) is measured by its octane rating, which is produced in several grades. Tetraethyl lead ...
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R V Nlhovo
R, or r, is the eighteenth letter of the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ar'' (pronounced ), plural ''ars'', or in Ireland ''or'' . The letter is the eighth most common letter in English and the fourth-most common consonant (after , , and ). The letter is used to form the ending "-re", which is used in certain words such as ''centre'' in some varieties of English spelling, such as British English. Canadian English also uses the "-re" ending, unlike American English, where the ending is usually replaced by "-er" (''center''). This does not affect pronunciation. Name The name of the letter in Latin was (), following the pattern of other letters representing continuants, such as F, L, M, N and S. This name is preserved in French and many other languages. In Middle English, the name of the letter changed from to , following a pattern exhibited in many ...
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Attempt
An attempt to commit a crime occurs if a criminal has an intent to commit a crime and takes a substantial step toward completing the crime, but for reasons not intended by the criminal, the final resulting crime does not occur.''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan (law professor), Robert Weisberg, Guyora Binder, /ref> Attempt to commit a particular crime is a crime, usually considered to be of the same or lesser gravity as the particular crime attempted. Attempt is a type of inchoate crime, a crime that is not fully developed. The crime of attempt has two elements, intent and some conduct toward completion of the crime.Defining Attempts: Mandujano's Error, Duke University, Michael R. Fishman/ref> One group of theories in criminal law is that attempt to commit an act occurs when a person comes dangerously close to carrying out a criminal act, and intends to commit the act, but does not commit it. The person may have ...
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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 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, 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 crime and punishment in young people. In February 2007, the Centre for the Study of Vi ...
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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 199 ...
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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 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 ...
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