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S V Vika
''S v Vika'', an important case in South African criminal law, was heard on May 12, 2010. MM Xozwa, instructed by the Justice Centre, Grahamstown, appeared for the appellant; H. Obermeyer (DPP, Grahamstown) appeared for the State. The case was an appeal against sentence imposed in a regional court. Facts The appellant was convicted in a regional court on two counts of contravening section 1(1) of the Criminal Law Amendment Act. The prohibited acts which constituted the contraventions were murder (of one Batandwa Ndalase) and attempted murder (of one Sandasile Nxiki), respectively. Regarding the appropriate punishment, the magistrate applied the provision that a contravention of section 1(1) could attract the same penalty as that which might be imposed for the unlawful act itself. He found that no substantial and compelling circumstances existed that would justify a sentence of less than the fifteen years' imprisonment stipulated in section 51(2) of the Criminal Law Amendment Act ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eastern Cape High Court, Grahamstown
The Eastern Cape Division of the High Court of South Africa is a superior court of law with general jurisdiction over the Eastern Cape province of South Africa. The main seat of the division is at Makhanda, with subordinate local seats at Port Elizabeth, East London, Bhisho and Mthatha. the Judge President of the division is Selby Mbenenge. History A superior court was first established at Grahamstown in 1864, as the Court of the Eastern Districts of the Cape of Good Hope, to ease access to justice for the residents of what is now the Eastern Cape. The Eastern Districts Court was subordinate to the Supreme Court of the Cape of Good Hope in Cape Town, which had concurrent jurisdiction over the eastern districts. When the Union of South Africa was created in 1910, the Eastern Districts Court became the Eastern Districts Local Division of the Supreme Court of South Africa. In 1957 the division was removed from the concurrent jurisdiction of the court at Cape Town and renamed as th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Criminal 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] |
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] |
S V Cunningham
S, or s, is the nineteenth letter in the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ess'' (pronounced ), plural ''esses''. History Origin Northwest Semitic šîn represented a voiceless postalveolar fricative (as in 'ip'). It originated most likely as a pictogram of a tooth () and represented the phoneme via the acrophonic principle. Ancient Greek did not have a phoneme, so the derived Greek letter sigma () came to represent the voiceless alveolar sibilant . While the letter shape Σ continues Phoenician ''šîn'', its name ''sigma'' is taken from the letter ''samekh'', while the shape and position of ''samekh'' but name of ''šîn'' is continued in the '' xi''. Within Greek, the name of ''sigma'' was influenced by its association with the Greek word (earlier ) "to hiss". The original name of the letter "sigma" may have been ''san'', but due to the complica ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
S V D
In ''S v D'', an important case in South African criminal law, the appellant had attempted to rape an eleven-year-old girl. He was a 44-year-old first offender. The complainant had not suffered physical injuries; there was no evidence of psychological damage. The sentence was altered on appeal to three years' imprisonment, half suspended. 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 or statute law prohibits and expressly or impliedly subjects to punishment ... References * ''S v D'' 1995 (2) SACR 502 (C). Notes 1995 in South African law 1995 in case law South African criminal case law {{SouthAfrica-case-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
S V Ingram
In ''S v Ingram'', an important case in South African criminal law, the appellant was a 25-year-old first offender who had stabbed the deceased once, in the heart. He expressed genuine remorse for his conduct. His sentence was altered on appeal to five years' imprisonment in terms of section 276(1)(i) of the Criminal Procedure Act.Act 51 of 1977. 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 or statute law prohibits and expressly or impliedly subjects to punishment ... References * ''S v Ingram'' 1999 (2) SACR 127 (W). Notes 1999 in South African case law South African criminal case law {{SouthAfrica-case-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
S V Maki
In ''S v Maki'', an important case in South African criminal law, the accused had consciously broken into the home of the deceased, an 84-year-old woman, and thereafter, in a drunken state, strangled her. He had previous convictions for possession of dagga, assault with intent to do grievous bodily harm, attempted rape and theft. He was sentenced to fifteen years' imprisonment. Jones J said, The accused is not a youngster who, for the first time, had too much to drink and dabbled with dagga. On the contrary, he has a criminal record for violent acts and for involvement with dagga. Through his counsel he admits to longstanding serious substance abuse. His character is malformed. He lacks discipline. This sort of thing could happen G to him again. In a case such as this the interests of society must prevail over the interests of the individual offender. As to the question of capacity, Jones J said the following: It is perhaps worthwhile therefore to speculate on the possible senten ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
S V Ndlovu
In ''S v Ndlovu; S v Sibisi'' (2005), the appellants objected that further to the standard basic explanation provided them of their rights to legal representation, they had not * been informed of the minimum sentences they prospectively faced; * been encouraged to seek legal representation; or * been asked why they declined to seek legal representation. The court held that it was an essential step that an accused be promptly informed of his rights in regard to legal representation and where the failure to provide that standard basic explanation had the effect of depriving the accused of legal representation, the proceedings would be vitiated by fundamental irregularity. Furthermore, the court held that in special circumstances, it was essential that an accused be given such information further to the standard basic explanation: namely, information as to the seriousness of the charge and as to the applicable minimum sentence, if that information were reasonably required to enabl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
All 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 repo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
S V Pietersen
In ''S v Pietersen'', an important case in South African criminal law, the accused had strangled a fellow inmate in a prison cell. He had ten previous convictions for crimes of violence. He was sentenced to seven years' imprisonment, two of which were suspended. 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 or statute law prohibits and expressly or impliedly subjects to punishment ... References * ''S v Pietersen'' 1994 (2) SACR 434 (C). Notes 1994 in South African law 1994 in case law South African criminal case law {{SouthAfrica-case-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2010 In South African Law
1 (one, unit, unity) is a number representing a single or the only entity. 1 is also a numerical digit and represents a single unit of counting or measurement. For example, a line segment of ''unit length'' is a line segment of length 1. In conventions of sign where zero is considered neither positive nor negative, 1 is the first and smallest positive integer. It is also sometimes considered the first of the infinite sequence of natural numbers, followed by 2, although by other definitions 1 is the second natural number, following 0. The fundamental mathematical property of 1 is to be a multiplicative identity, meaning that any number multiplied by 1 equals the same number. Most if not all properties of 1 can be deduced from this. In advanced mathematics, a multiplicative identity is often denoted 1, even if it is not a number. 1 is by convention not considered a prime number; this was not universally accepted until the mid-20th century. Additionally, 1 is the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
