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S V Goliath
''S v Goliath'' is an important case in South African law. It was heard in the Appellate Division on 24 September 1971, with judgment handed down on 20 March 1972. On a charge of murder, compulsion can constitute a complete defence. The court held that when an acquittal may occur on such a charge on such a ground will depend on the particular circumstances of each case. The whole factual complex must be carefully examined and adjudicated upon with the greatest care. The state, the court held, had no full right of appeal. When it reserved a question of law under section 366 of the Criminal Procedure ActAct 55 of 1956 which was dependent upon the existence of certain facts, it was necessary for the state to set out those facts properly and in detail in the record as part of the setting out of the question of law. See also * Law of South Africa * South African criminal law * South African law of delict The South African law of delict engages primarily with 'the circumstances ... [...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 199 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murder
Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable provocation, or diminished capacity. ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness. Most societies consider murder to be an extremely serious crime, and thus that a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Acquittal
In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the United States, an acquittal operates to bar the retrial of the accused for the same offense, even if new evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict or results from the operation of some other rule that discharges the accused. In other countries, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction. Scotland Scots law has two acquittal verdicts: ''not guilty'' and '' not proven''. However a verdict of "not proven" does not give rise to the double jeopardy rule. England and Wales In England and Wales, which share a common legal system, the Criminal Justice Act 2003 creates an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...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] |
South African Law Of Delict
The South African law of delict engages primarily with 'the circumstances in which one person can claim compensation from another for harm that has been suffered'. JC Van der Walt and Rob Midgley define a delict 'in general terms ..as a civil wrong', and more narrowly as 'wrongful and blameworthy conduct which causes harm to a person'. Importantly, however, the civil wrong must be an actionable one, resulting in liability on the part of the wrongdoer or tortfeasor. The delictual inquiry 'is in fact a loss-allocation exercise, the principles and rules of which are set out in the law of delict'. The classic remedy for a delict is compensation: a claim of damages for the harm caused. If this harm takes the form of patrimonial loss, one uses the Aquilian action; if pain and suffering associated with bodily injury, a separate action arises, similar to the Aquilian action but of Germanic origin; finally, if the harm takes the form of injury to a personality interest (an ''injuria''), t ... [...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 repor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 appe ... See also * Supreme Court of Prince Edward Island#Appeal_Division * Court of Appeal (other) * Court of Appeals (other) * State court (United States)#Nomenclature {{disambig ... [...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 east and west. 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', cf English meridional), 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). Navigation By convention, the ''bottom or down-facing side'' of a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1972 In South African Law
Year 197 ( CXCVII) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Magius and Rufinus (or, less frequently, year 950 ''Ab urbe condita''). The denomination 197 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * February 19 – Battle of Lugdunum: Emperor Septimius Severus defeats the self-proclaimed emperor Clodius Albinus at Lugdunum (modern Lyon). Albinus commits suicide; legionaries sack the town. * Septimius Severus returns to Rome and has about 30 of Albinus's supporters in the Senate executed. After his victory he declares himself the adopted son of the late Marcus Aurelius. * Septimius Severus forms new naval units, manning all the triremes in Italy with heavily armed troops for war in the East. His soldiers embark on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
