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S V Masiya
''S v Masiya'' is an important case in South African criminal law, decided by the Constitutional Court. Facts The accused was charged in a regional court with rape, in that, on a certain day in 2004, he had sexual intercourse with the complainant, then a nine-year-old girl. On the day the act was committed, the legislation creating a new statutory crime of rape had not yet existed. The accused was charged with common-law rape. The evidence brought to light that the accused had not inserted his penis into the complainant's vagina, but into her anus. The state argued that the accused had to be convicted of the common-law crime of indecent assault, because, in terms of the rules of common law then applicable, such conduct did not qualify as rape, but only as indecent assault. At that time the common-law crime of rape could be committed only if an accused had sexually penetrated the complainant's vagina. In a surprising move, however, the regional court magistrate held that the com ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
S V Masiya (Minister Of Justüe And Constitutional Developomet Intervening)
''S v Masiya'' is an important case in South African criminal law, decided by the Constitutional Court. Facts The accused was charged in a regional court with rape, in that, on a certain day in 2004, he had sexual intercourse with the complainant, then a nine-year-old girl. On the day the act was committed, the legislation creating a new statutory crime of rape had not yet existed. The accused was charged with common-law rape. The evidence brought to light that the accused had not inserted his penis into the complainant's vagina, but into her anus. The state argued that the accused had to be convicted of the common-law crime of indecent assault, because, in terms of the rules of common law then applicable, such conduct did not qualify as rape, but only as indecent assault. At that time the common-law crime of rape could be committed only if an accused had sexually penetrated the complainant's vagina. In a surprising move, however, the regional court magistrate held that the com ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right To A Fair Trial
A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, the Sixth Amendment to the United States Constitution, and Article 6 of the European Convention of Human Rights, as well as numerous other constitutions and declarations throughout the world. There is no binding international law that defines what is not a fair trial; for example, the right to a jury trial and other important procedures vary from nation to nation. Definition in international human rights law The right to fair trial is very helpful to explore in numerous declarations which represent customary international law, such as the Universal Declaration of Human Rights (UDHR). Though the UDHR enshrines some fair trial rights, such as the presumption of innocence until the accused is proven guilty, in Articles 6, 7, 8 and 11, the ke ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2007 In Case Law
7 (seven) is the natural number following 6 and preceding 8. It is the only prime number preceding a cube. As an early prime number in the series of positive integers, the number seven has greatly symbolic associations in religion, mythology, superstition and philosophy. The seven Classical planets resulted in seven being the number of days in a week. It is often considered lucky in Western culture and is often seen as highly symbolic. Unlike Western culture, in Vietnamese culture, the number seven is sometimes considered unlucky. It is the first natural number whose pronunciation contains more than one syllable. Evolution of the Arabic digit In the beginning, Indians wrote 7 more or less in one stroke as a curve that looks like an uppercase vertically inverted. The western Ghubar Arabs' main contribution was to make the longer line diagonal rather than straight, though they showed some tendencies to making the digit more rectilinear. The eastern Arabs developed the digit f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2007 In South African Law
7 (seven) is the natural number following 6 and preceding 8. It is the only prime number preceding a cube (algebra), cube. As an early prime number in the series of positive integers, the number seven has greatly symbolic associations in religion, mythology, superstition and philosophy. The seven Classical planets resulted in seven being the number of days in a week. It is often considered lucky in Western culture and is often seen as Symbolism of the Number 7, highly symbolic. Unlike Western culture, in Vietnamese culture, the number seven is sometimes considered unlucky. It is the first natural number whose pronunciation contains more than one syllable. Evolution of the Arabic digit In the Brahmi numerals, beginning, Indians wrote 7 more or less in one stroke as a curve that looks like an uppercase vertically inverted. The western Ghubar Arabs' main contribution was to make the longer line diagonal rather than straight, though they showed some tendencies to making the digit m ... [...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 th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rape
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability, or is below the legal age of consent. The term ''rape'' is sometimes used interchangeably with the term ''sexual assault.'' The rate of reporting, prosecuting and convicting for rape varies between jurisdictions. Internationally, the incidence of rapes recorded by the police during 2008 ranged, per 100,000 people, from 0.2 in Azerbaijan to 92.9 in Botswana with 6.3 in Lithuania as the median. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Law Journal
The ''South African Law Journal'' is a quarterly law journal published by Juta & Co. It is South Africa's leading law journal and the second oldest law journal in the world, after the ''University of Pennsylvania Law Review''. History The ''SALJ'' was established in Grahamstown in 1884, making it one year older than England's ''Law Quarterly Review'' and three years older than the '' Harvard Law Review''. Its first 17 volumes were published under the title ''Cape Law Journal'', before its name was changed to the ''South African Law Journal'' in 1901. Editors The ''SALJ'' was edited for much of its history at the University of the Witwatersrand Law School, first by Bobby Hahlo, and then for a period of over forty years by Ellison Kahn. Its current managing editor is Graham Glover (Rhodes University). Its full list of managing editors is: * William Henry Somerset Bell (1884-1896) * Shepherd Kitchin (1896-1918) * Robert Howes (1918-1937; honorary editor from 1937 to 1942) * Cy ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
S V Mshumpa
''S v Mshumpa and Another'' was a South African case with special significance for the law of persons and succession. Background Melissa Shelver, a young pregnant woman, was shot in the abdomen with the (successful) intention of killing her unborn child. The shooter and first accused, Ludwe Mshumpa, had entered into a conspiracy with the baby's father and second accused, David Best, who had paid him to commit the crime. In order to make the attack appear genuine, and thus to clear himself of suspicion, Best had arranged for Mshumpa to shoot him as well. Both Best and Shelver barely survived. Case The court was first tasked with determining whether or not Mshumpa should be convicted of the attempted murder of the mother. It found that the risk of death to the mother was eminently foreseeable in the act of shooting (it was established that she would have died had she not received medical treatment), and that '' dolus eventualis'' could not be excluded merely because the shooter's ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
S V Boesak
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Veldman V Director Of Public Prosecutions, Witwatersrand Local Division
In ''Veldman v Director of Public Prosecutions, Witwatersrand Local Division'', an important case in South African criminal law, the court held that the principle of legality is central to the rule of law under the Constitution. That case concerned the question of whether, where the sentencing jurisdiction of a court had been increased after an accused had pleaded, the accused could be sentenced in terms of the increased jurisdiction. The court held it could not, observing that, once an accused has pleaded, the constitutionally-enshrined principle of legality requires that the sentencing jurisdiction of a court could not be varied to the detriment of the accused, even where it was clear that the increased sentence was a permissible sentence for the charge involved. The court held that "to retrospectively apply a new law, such as s 92(1) (a), during the course of the trial, and thereby to expose an accused person to a more severe sentence, undermines the rule of law and violat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
S V Mhlungu
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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