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S V Zinn
''S v Zinn'', an important case in South African criminal law, was heard in the Appellate Division by Steyn CJ, Ogilvie Thompson JA and Rumpff JA on March 21, 1969, with judgment handed down on March 31. H. Snitcher QC appeared for the appellant; for the state, AJ Lategan. The case is most often cited for its provision of a basic triad of sentencing considerations: the crime, the criminal and the interests of society. Facts In 1956 a furniture-manufacturing company, Lola Zinn Furniture (Pty) Ltd, was registered with Zinn and one Smith, an illiterate man, as equal shareholders and directors. One hundred shares of R2 each were issued to the shareholders. Smith supervised labour and machinery, while responsibility for sales and all financial matters lay with Zinn, who was also both secretary and public officer of the company. As the company was under-capitalised from the beginning, Zinn borrowed heavily and continuously from money-lending institutions, commonly known as "shippers ... [...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] |
Loan Shark
A loan shark is a person who offers loans at extremely high interest rates, has strict terms of collection upon failure, and generally operates outside the law. Description Because loan sharks operate mostly illegally, they cannot reasonably expect to be able to use the legal system to collect such debts, they often resort to enforcing repayment by terms of blackmail and threats of violence. Historically, many moneylenders skirted between legal and criminal activity. In the recent western world, loan sharks have been a prominent feature of the criminal underworld. Loan sharking is not to be confused with predatory lending with extremely high interest rates such as payday or title loans, which is sometimes considered to be "loan sharking" (or, at least, unfavorably compared to loan sharking by critics) regardless of whether it is legal. A key difference between "traditional" loan sharking and predatory lending is that lenders alleged to be engaged in the latter practice are ex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1969 In South African Law
This year is notable for Apollo 11's first landing on the moon. Events January * January 4 – The Government of Spain hands over Ifni to Morocco. * January 5 ** Ariana Afghan Airlines Flight 701 crashes into a house on its approach to London's Gatwick Airport, killing 50 of the 62 people on board and two of the home's occupants. * January 14 – An explosion aboard the aircraft carrier USS ''Enterprise'' near Hawaii kills 27 and injures 314. * January 19 – End of the siege of the University of Tokyo, marking the beginning of the end for the 1968–69 Japanese university protests. * January 20 – Richard Nixon is sworn in as the 37th President of the United States. * January 22 – An assassination attempt is carried out on Soviet leader Leonid Brezhnev by deserter Viktor Ilyin. One person is killed, several are injured. Brezhnev escaped unharmed. * January 27 ** Fourteen men, 9 of them Jews, are executed in Baghdad for spying for Isr ... [...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] |
Insolvency Act
In accounting, insolvency is the state of being unable to pay the debts, by a person or company (debtor), at maturity; those in a state of insolvency are said to be ''insolvent''. There are two forms: cash-flow insolvency and balance-sheet insolvency. Cash-flow insolvency is when a person or company has enough assets to pay what is owed, but does not have the appropriate form of payment. For example, a person may own a large house and a valuable car, but not have enough liquid assets to pay a debt when it falls due. Cash-flow insolvency can usually be resolved by negotiation. For example, the bill collector may wait until the car is sold and the debtor agrees to pay a penalty. Balance-sheet insolvency is when a person or company does not have enough assets to pay all of their debts. The person or company might enter bankruptcy, but not necessarily. Once a loss is accepted by all parties, negotiation is often able to resolve the situation without bankruptcy. A company 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 reporte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theft
Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for some crimes against property, such as larceny, robbery, embezzlement, extortion, blackmail, or receiving stolen property. In some jurisdictions, ''theft'' is considered to be synonymous with ''larceny'', while in others, ''theft'' is defined more narrowly. Someone who carries out an act of theft may be described as a "thief" ( : thieves). ''Theft'' is the name of a statutory offence in California, Canada, England and Wales, Hong Kong, Northern Ireland, the Republic of Ireland, and the Australian states of South Australia Theft (and receiving). and Victoria. Theft. Elements The '' actus reus'' of theft is usually defined as an unauthorized taking, keeping, or using of another's property which must be accompanied by a '' mens rea'' of dish ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Punishment
Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority—in contexts ranging from child discipline to criminal law—as a response and deterrent to a particular action or behavior that is deemed undesirable or unacceptable. 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 mos ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fraud
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compensation) or criminal law (e.g., a fraud perpetrator may be prosecuted and imprisoned by governmental authorities), or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. The purpose of fraud may be monetary gain or other benefits, for example by obtaining a passport, travel document, or driver's license, or mortgage fraud, where the perpetrator may attempt to qualify for a mortgage by way of false statements. Internal fraud, also known as "insider fraud", is fraud committed or attempted by someone within an organisation such as an employee. A hoax is a distinct concept that involves deliberate deception without the intention of gain or of materially damaging or depriving a vi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cicero
Marcus Tullius Cicero ( ; ; 3 January 106 BC – 7 December 43 BC) was a Roman statesman, lawyer, scholar, philosopher, and academic skeptic, who tried to uphold optimate principles during the political crises that led to the establishment of the Roman Empire. His extensive writings include treatises on rhetoric, philosophy and politics, and he is considered one of Rome's greatest orators and prose stylists. He came from a wealthy municipal family of the Roman equestrian order, and served as consul in 63 BC. His influence on the Latin language was immense. He wrote more than three-quarters of extant Latin literature that is known to have existed in his lifetime, and it has been said that subsequent prose was either a reaction against or a return to his style, not only in Latin but in European languages up to the 19th century. Cicero introduced into Latin the arguments of the chief schools of Hellenistic philosophy and created a Latin philosophical vocabulary ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Johannes Voet
Johannes Voet, also known as John Voet (3 October 1647 – 11 September 1713) was a Dutch jurist whose work remains highly influential in modern Roman-Dutch law. Voet is one of the so-called "old authorities" of Roman-Dutch law, along with Hugo Grotius, Simon van Leeuwen (nl), Joan Cos, Gerhard Noodt, Zacharias Huber, Cornelius van Bynkershoek, Hobins van der Vorm, Gerloff Scheltinga (de), Willem Schorer (nl), Franciscus Lievens Kersteman, J. Munniks, Hendrik Jan Arntzenius (fr), Arent Lybrechts, Johan Jacob van Hasselet, Gerard de Haas, Cornelis Willem Decker, Didericus Lulius, Renier van Spaan, Dionysius Godefridus van der Keessel, and Johan van der Linden. Life Voet was born in Utrecht, the son of Paulus Voet, who was the son of famous theologian Gisbertus Voetius. He probably studied in Utrecht, after which he became a professor in Herborn. In 1673 he was made professor of law at Utrecht University. From 1680 to his death he was a professor and the chair of law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cape Town
Cape Town ( af, Kaapstad; , xh, iKapa) is one of South Africa's three capital cities, serving as the seat of the Parliament of South Africa. It is the legislative capital of the country, the oldest city in the country, and the second largest (after Johannesburg). Colloquially named the ''Mother City'', it is the largest city of the Western Cape province, and is managed by the City of Cape Town metropolitan municipality. The other two capitals are Pretoria, the executive capital, located in Gauteng, where the Presidency is based, and Bloemfontein, the judicial capital in the Free State, where the Supreme Court of Appeal is located. Cape Town is ranked as a Beta world city by the Globalization and World Cities Research Network. The city is known for its harbour, for its natural setting in the Cape Floristic Region, and for landmarks such as Table Mountain and Cape Point. Cape Town is home to 66% of the Western Cape's population. In 2014, Cape Town was named the best place ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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