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S V Combrink
''S v Combrink'' is an important case in South African law, heard in the Supreme Court of Appeal by Brand JA, Ponnan JA and Shongwe JA on May 25, 2011, with judgment handed down on June 23. BC Bredenkamp SC appeared for the appellant, and JJ Kotze for the State. Its significance lies primarily in the area of punishment and sentencing. Facts The appellant, a farmer, had fired two shots at an unidentified person walking across farmland, who had not responded to his calls. The second shot struck and killed that person. The farmer was convicted of murder by a single judge in the circuit court of the North Gauteng High Court and sentenced to fifteen years' imprisonment, five of which were suspended on the usual conditions. An appeal to the full bench of that court was dismissed in respect of the conviction but upheld in respect of sentence, the court substituting the trial court's sentence with one of ten years' imprisonment. Judgement In an appeal to the Supreme Court of Appeal, i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Appeal Of South Africa
The Supreme Court of Appeal (SCA), formerly known as the Appellate Division, is the second-highest appellate court, court of appeal in South Africa below the Constitutional Court of South Africa, Constitutional Court. The country's apex court from 1910 to 1994, it no longer holds that position, having been displaced in constitutional matters by the Constitutional Court in 1994, and in General jurisdiction, all matters by 2013. It is located in Bloemfontein. Bloemfontein is often, and has been traditionally referred to, as the "judicial capital" of South Africa because of the court, although the Constitutional Court is based in Johannesburg. History On the creation of the Union of South Africa from four British colonies in 1910, the supreme courts of the colonies became provincial divisions of the new Supreme Court of South Africa, and the Appellate Division was created as a purely appellate court superior to the provincial divisions. It was the seat of some of the country's mo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dolus Eventualis
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 th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2011 In South African Case Law
Eleven or 11 may refer to: *11 (number) * One of the years 11 BC, AD 11, 1911, 2011 Literature * ''Eleven'' (novel), a 2006 novel by British author David Llewellyn *''Eleven'', a 1970 collection of short stories by Patricia Highsmith *''Eleven'', a 2004 children's novel in The Winnie Years by Lauren Myracle *''Eleven'', a 2008 children's novel by Patricia Reilly Giff *''Eleven'', a short story by Sandra Cisneros Music *Eleven (band), an American rock band * Eleven: A Music Company, an Australian record label *Up to eleven, an idiom from popular culture, coined in the movie ''This Is Spinal Tap'' Albums * ''11'' (The Smithereens album), 1989 * ''11'' (Ua album), 1996 * ''11'' (Bryan Adams album), 2008 * ''11'' (Sault album), 2022 * ''Eleven'' (Harry Connick, Jr. album), 1992 * ''Eleven'' (22-Pistepirkko album), 1998 * ''Eleven'' (Sugarcult album), 1999 * ''Eleven'' (B'z album), 2000 * ''Eleven'' (Reamonn album), 2010 * ''Eleven'' (Martina McBride album), 2011 * ''Eleven'' (Mr Fogg ... [...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 reported ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...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] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of ''mens rea'' and '' actus reus'' ("guilty act") before the defendant can be found guilty. Introduction The standard common law test of criminal liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not culpable unless the mind is guilty". As a general rule, someone who acted without mental fault is not liable in criminal law.". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense." Model Penal Code § 2.02(1) Exceptions are known as strict liability crimes.21 Am. Jur. 2d Criminal Law § 127 Moreover, when a person intends a harm, but as a result of bad aim or other cause the intent is transferred from an intended victi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Interest
In social science and economics, public interest is "the welfare or well-being of the general public" and society. While it has earlier philosophical roots and is considered to be at the core of democratic theories of government, often paired with two other concepts, convenience and necessity, it first became explicitly integrated into governance instruments in the early part of the 20th century. The public interest was rapidly adopted and popularised by human rights lawyers in the 1960s and has since been incorporated into other fields such as journalism and technology. Overview Economist Lok Sang Ho, in his ''Public Policy and the Public Interest'', argues that the public interest must be assessed impartially and, therefore, defines the public interest as the "'' ex ante'' welfare of the representative individual". Under a thought experiment, by assuming that there is an equal chance for one to be anyone in society and, thus, could benefit or suffer from a change, the pub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Punishment
Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon an individual or group, meted out by an authority—in contexts ranging from child discipline to criminal law—as a deterrent to a particular action or behavior that is deemed undesirable. It is, however, possible to distinguish between various different understandings of what punishment is. The reasoning for punishment may be to condition a child to avoid self-endangerment, to impose social conformity (in particular, in the contexts of compulsory education or military discipline), to defend norms, to protect against future harms (in particular, those from violent crime), and to maintain the law—and respect for rule of law—under which the social group is governed. and violates the law or rules by which the group is governed. Punishment may be self-inflicted as with self-flagellation and mortification of the flesh in the religious setting, but is most often a form of socia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Discriminatory
Discrimination is the process of making unfair or prejudicial distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong, such as race, gender, age, class, religion, or sexual orientation. Discrimination typically leads to groups being unfairly treated on the basis of perceived statuses based on ethnic, racial, gender or religious categories. It involves depriving members of one group of opportunities or privileges that are available to members of another group. Discriminatory traditions, policies, ideas, practices and laws exist in many countries and institutions in all parts of the world, including some, where such discrimination is generally decried. In some places, countervailing measures such as quotas have been used to redress the balance in favor of those who are believed to be current or past victims of discrimination. These attempts have often been met with controversy, and sometimes been called reve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Racism
Racism is the belief that groups of humans possess different behavioral traits corresponding to inherited attributes and can be divided based on the superiority of one Race (human categorization), race or ethnicity over another. It may also mean prejudice, discrimination, or antagonism directed against other people because they are of a different ethnic background. Modern variants of racism are often based in social perceptions of biological differences between peoples. These views can take the form of social actions, practices or beliefs, or political systems in which different races are ranked as inherently superior or inferior to each other, based on presumed shared inheritable traits, abilities, or qualities. There have been attempts to legitimize racist beliefs through scientific means, such as scientific racism, which have been overwhelmingly shown to be unfounded. In terms of political systems (e.g. apartheid) that support the expression of prejudice or aversion in discri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
