Amended by criminal law sentencing amendment act 38 of 2007 from 31 dec 2007. Thus the romandutch approach was replaced by the literal textual approach of english law. Before a person can be convicted the principle of legality must be proved, i. Amended by criminal matters amendment act 18 of 2015 from 1 jun 2016. Read, highlight, and take notes, across web, tablet, and phone. A statute law, eg the sexual offences act, or a common law, eg theft, murder, rape. Courts exercising criminal jurisdiction chapter 2 page 2 2. Crime control is the idea that a criminal justice system will prevent crime. Pdf a major objective of the south african constitution of 1996. Durban in addition to the readings, students are required to read the relevant cases and legislation as indicated in the course outline. In his february 2008 stateofthenation address concerning the south african criminal justice system cjs the president said. Founded in 1884, it is the oldest law journal of its kind in the world. Administrative law is that part of public law which deals with the powers of the administrative branch of the state, its organs and officials, over private persons and in general with the relationship between the state and its subjects. The jurisprudence in canada and south africa reinforces the view that a.
Writing case notes and case comments1 jessica giles, law lecturer, the open university contents 1. Just as you wouldnt i sincerely hope attempt to prosecute fraud, or murder or rape without a detailed knowledge of the elements of the crime, or to charge a company director with a. General principles of criminal law crw2601 uploaded by. Criminal law deals with the prohibition by the state of certain actions. With the study guides and notes written by fellow students, you are guaranteed to be properly prepared for your exams.
South african criminal law has accepted that it is only fair to punish those who are responsible and blameworthy for doing wrong. Access study documents, get answers to your study questions, and connect with real tutors for llb crw2602. Derek is charged with terrorist offences, criminal damage and murder. A practical guide court and case flow management in the south african lower court division vii t c mabas o c hief magistrate, durban chairperson of the judicial lower court management subcommittee on court and case flow management, south africa the initial court and case flow management guidelines published in 2006 was a. This text will show that, to a very large extent, south african criminal law maps onto most ordinary intuitions about what. Lord kilbrandon 1967 the contribution of english law to south african 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. Kemp ed et al criminal law in south africa 2015 oxford university press.
Criminal law in south africa criminal law in south africa. An overview of the regime maintenance function of the south african criminal law contemporary public policy frequently uses criminal law as a tool of social engineering. Criminal law and criminal procedure act amendment act 39 of 1989. The south african law journal is south africas premier law journal. I shall conclude the discussion with a few remarks on the influence of the common and constitutional law on customary law with a view to the future of customary law of succession in its current form in a mixed legal system such as that of south africa. Criminal law amendment act 105 of 1997 south african. Access study documents, get answers to your study questions, and connect with real tutors for llb crw2601. Starts with some lecture notes that may be skipped. In south africa, sentencing is considered the primary prerogative of trial courts and they. Public law is that part of the law in which the state plays a part in its capacity as the sovereign power. Jonathan burchell is a professor of criminal law and the head of the department of criminal justice at the university of cape town.
Critical criminal law james grant southern african legal. Writing case notes and case comments1 ou law school. Cape town c r snyman criminal law 2014, 6th ed, lexis nexis. South african criminal law university of south africa criminal law llb crw2601 fall 2016.
The south african law journal is the legal showcase for new ideas, changing attitudes and shifting emphases in south african law. It forms part of procedural or adjectival law, and describes the means by which its substantive counterpart, south african criminal law, is applied. When a legal problem is not covered by statute law, you can look at the common law for an answer. Grant extracts and collate s the principles that can sometimes be complex, in a way that allows for a clear understanding of the current law. Background s outh africa is a mixed jurisdiction, in the sense that its legal system derives from both the english common law and the romandutch law. Seminar 1 notes free download as powerpoint presentation. General principles of criminal law crw2601 academic year. A husband only had one legal wife and she was the mother of his heirs.
A short summary on the south african criminal law, with detailed descriptions of each crucial term. Fls1502 foundations of south african law gimmenotes. Crw2601 study notes general principles of criminal law. Aspects of the administration of criminal justice under.
The fourth edition of this monumental work, principles of criminal law is distinguishable from the previous edition in length, content and also appearance. International law is a law course it is law just as much as mercantile law or criminal law. Cases and materials on criminal law fourth edition this new. Study notes to help prepare for the examination for criminal law general principles. Cabinet has agreed on a set of changes that are required to establish a new, modernized, efficient and transformed criminal justice system. He is the author of the law of defamation in south africa, personality rights and freedom of expression, principles of delict, and south african criminal law and procedure. Law governing cp derives from case law and statutory law main statute is crimes act 1958 vic ca in 2008, vic parliament completed a wholesale reform of the law relating to cp changes contained in evidence act 2008 vic ea and criminal procedure act 2009 vic cpa.
The practice of law reporting in english law dates from at least the thirteenth century, 7. Your fellow students know exactly where the pitfalls lie and what the key elements will be to your success in that module. South african criminal law provides the regime with a veil of legal. Criminal liability, public policy, and the principle of legality in the. Criminal procedure module 1 a lawblog for south african.
Criminal law specific crimes at university of south africa. His immense contribution to the development of criminal. Criminal law amendment act 105 of 1997 south african government. It also looks at the emerging culture of human rights and freedoms which has begun to generate a significant shift in perceptions of the boni mores of a new south african society. Commencement of criminal proceedings chapter 3 page 12 3. Regional courts can hear any type of criminal matter. Criminal procedure in south africa refers to the adjudication process of that country s criminal law. Criminal law in south africa, second edition, offers a clear, comprehensive and practical explanation of the principles of criminal law in south africa. Chapters examine the impact of the constitution on the principles and practices of criminal justice, a. Snyman notes that, even once conduct and compliance with the definitional aspects of the. This edition gives full attention to the new constitutional context in which south african criminal law now operates. Notes and comparisons by an american observer by george w.
To prosecute a person, the state must show that there is a law that a person has broken. The influence of the bill of rights read with comparative perspectives and international law on each subject, supports the legal theory referred to. Legal theory is presented in light of the influence of the bill of rights, comparative perspectives, and. Privileged to work with him in the years that followed, my respect and admiration for his work grew. The rest of the exam papers will uploaded here once they are available. South african criminal law is the body of national law relating to crime in south africa. A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or. South african criminal law whether in its legislative, commonlaw or. It provides notes and important cases on criminal law. Law reports are, of course, well known in english law, and their format in that system has been largely adopted in south africa as it has in other legal systems influenced by. These notes are largely based on case law, which reveals how each section has been interpreted and applied in practice. Criminal liability, public policy, and the principle of. Common law is the primary source for south african criminal law, but as a result of modern needs statutory offences have been introduced by means of legislation. Many of the general principles of our law come from the common law, eg the criminal law that says that murder and robbery.
South african common and customary law of intestate. Seminar 1 notes criminal procedure in south africa crimes. This law comes from romandutch law and english law, brought to south africa by the dutch and english settlers. The state must also use the general principles of criminal law to show. In criminal law, the state prosecutes charges a person for performing an illegal act. The text addresses the general principles of criminal law, as well as the elements of specific common law crimes and statutory offences. South african criminal law reports 1990 to date, the onli.
Firstly let us look at the other categories of south african law. Crw2601south african criminal law crw2601 unisa studocu. The doctrine of common purpose in south african law. In the preface the reason for this is adeptly explained, namely that the long chapter in its predecessor ch 2 on the evolution of the south african criminal law has been omitted. A minithesis submitted in partial fulfilment of the requirements for the llm degree in the faculty of law of the university of the western cape. Reforming south africas criminal justice system by mark shaw, project leader and senior researcher, crime and policing policy project, institute for defence policy occasional paper no 8 august 1996 introduction south africas system of criminal justice is in a crisis. Reading any act is on its own rather dry and uninteresting. Components of crim justice system, sources of law, major themes chapter 1. Principle of legality is not an element of the crime.
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