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S V Van As
In ''S v Van As en 'n Ander'', an important case in South African criminal law, the police were locking a suspect in a patrol van, when the young children in his company disappeared. The following morning, after a search in vain the night before, two of them were found dead from exposure. The police were charged with and convicted of culpable homicide. On appeal, however, the court held that, although it would have been reasonable to continue the search and to make further inquiries, it had not been proved beyond reasonable doubt that the children would have been found by a proper search. It also had not been so proved that the failure to institute such a search was responsible for the children's deaths. See also * 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 s ... [...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 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abandonment (legal)
In law, abandonment is the relinquishment, giving up, or renunciation of an Interest (finance), interest, Cause of action, claim, Privilege (legal ethics), privilege, Possession (law), possession, civil proceedings, Appeal (law), appeal, or right (legal), right, especially with the intent of never again resuming or reasserting it. Such intentional action may take the form of a discontinuance or a waiver. This broad meaning has a number of applications in different branches of law. In common law jurisdictions, both ''common law abandonment'' and ''statutory abandonment'' of Property (ownership right), property may be recognized. Common law abandonment is "the relinquishment of a right [in property] by the owner therefore without any regard to future possession by himself or any other person, and with the intention to or desert the right...." or "the voluntary relinquishment of a thing by its owner with the intention of terminating his ownership, and without [the intention of] ves ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Culpable Homicide
Culpable homicide is a categorisation of certain offences in various jurisdictions within the Commonwealth of Nations which involves the homicide (illegal killing of a person) either with or without an intention to kill depending upon how a particular jurisdiction has defined the offence. Unusually for those legal systems which have originated or been influenced during rule by the United Kingdom, the name of the offence associates with Scots law rather than English law. Jurisdictions "Culpable homicide" offences are found in the following jurisdictions; the description of the local version of the offence is given where available: Canada In Canada, "culpable homicide" is not itself an offence. Rather, the term is used in the Criminal Code to classify all killings of persons as either culpable or not culpable homicide. There are three types of culpable homicide: murder, manslaughter and infanticide. Killings classified as not culpable are justifiable killings; thus the term i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reasonable Doubt
Beyond (a) reasonable doubt is a legal standard of proof required to validate a criminal conviction in most adversarial legal systems. It is a higher standard of proof than the standard of balance of probabilities (US English: preponderance of the evidence) commonly used in civil cases, reflecting the principle that in criminal cases the stakes are significantly higher: a person found guilty can be deprived of liberty or, in extreme cases, life itself, in addition to the collateral consequences and social stigma attached to conviction. The prosecution bears the burden of presenting compelling evidence that establishes guilt beyond a reasonable doubt; if the trier of fact is not convinced to that standard, the accused is entitled to an acquittal In common law jurisdictions, an acquittal means that the criminal prosecution has failed to prove that the accused is guilty beyond a reasonable doubt of the charge presented. It certifies that the accused is free from the ch ... [...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 reported ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1967 In South African Law
Events January * January 1 – Canada begins a year-long celebration of the 100th anniversary of Canadian Confederation, Confederation, featuring the Expo 67 World's Fair. * January 6 – Vietnam War: United States Marine Corps and Army of the Republic of Vietnam troops launch ''Operation Deckhouse Five'' in the Mekong Delta. * January 8 – Vietnam War: Operation Cedar Falls starts, in an attempt to eliminate the Iron Triangle (Vietnam), Iron Triangle. * January 13 – A military coup occurs in Togo under the leadership of Étienne Eyadema. * January 15 – Louis Leakey announces the discovery of pre-human fossils in Kenya; he names the species ''Proconsul nyanzae, Kenyapithecus africanus''. * January 23 ** In Munich, the trial begins of Wilhelm Harster, accused of the murder of 82,856 Jews (including Anne Frank) when he led German security police during the German occupation of the Netherlands. He is eventually sentenced to 15 years in prison. ** Milton Keynes in England is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Criminal Case Law
South is one of the cardinal directions or compass points. The direction is the opposite of north and is perpendicular to both west and east. Etymology The word ''south'' comes from Old English ''sūþ'', from earlier Proto-Germanic ''*sunþaz'' ("south"), possibly related to the same Proto-Indo-European root that the word ''sun'' derived from. Some languages describe south in the same way, from the fact that it is the direction of the sun at noon (in the Northern Hemisphere), like Latin meridies 'noon, south' (from medius 'middle' + dies 'day', ), while others describe south as the right-hand side of the rising sun, like Biblical Hebrew תֵּימָן teiman 'south' from יָמִין yamin 'right', Aramaic תַּימנַא taymna from יָמִין yamin 'right' and Syriac ܬܰܝܡܢܳܐ taymna from ܝܰܡܝܺܢܳܐ yamina (hence the name of Yemen, the land to the south/right of the Levant). South is sometimes abbreviated as S. Navigation By convention, the ''bottom or down-f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
