Last edited by Fenrihn
Wednesday, February 12, 2020 | History

4 edition of General principles of criminal law through the cases found in the catalog.

General principles of criminal law through the cases

P.J Visser

General principles of criminal law through the cases

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Published by Butterworths in Durban .
Written in English

    Places:
  • South Africa
    • Subjects:
    • Criminal law -- South Africa -- Cases.

    • Edition Notes

      Other titlesVisser & Vorster"s general principles of criminal law through the cases.
      Statementby P.J. Visser and J.P. Vorster, M.C. Maré.
      ContributionsVorster, J. P., Maré, M. C.
      Classifications
      LC ClassificationsKTL3800 .V57 1990
      The Physical Object
      Paginationxii, 776 p. ;
      Number of Pages776
      ID Numbers
      Open LibraryOL1641602M
      ISBN 100409061204
      LC Control Number91195445
      OCLC/WorldCa25051242

      Burchell is a top-class authority on criminal law. Guidance on answering the end of chapter self-test questions Additional lecturer resources include: DT Diagrams from the text DT A test bank of further multiple choice questions Category: Law. Also, if a person is driving a vehicle or is asked about firearms, they must answer. Main articles: Murder and Culpable homicide A murder, defined broadly, is an unlawful killing. Article 32 Mistake of fact or mistake of law 1.

      Zawati explains how the abstractness and lack of accurate description of gender-based crimes in the statutory laws of the international criminal tribunals and courts infringe the principle of fair labelling, lead to inconsistent verdicts and punishments, and cause inadequate prosecution of these crimes. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute. Intention under criminal law is separate from a person's motive [21] although motive does not exist in Scots law. Access to the complete content on Law Trove requires a subscription or purchase.

      A mistake in medical treatment usually will not break the chain, unless the mistakes are in themselves "so potent in causing death. The doctrine of transferred malice means, for instance, that if a man intends to strike a person with his belt, but the belt bounces off and hits another, mens rea is transferred from the intended target to the person who actually was struck. In R v Dear [21] a stab victim reopened his wounds while in the hospital and died. A consideration regarding the most recent version of s 49 of the Criminal Procedure Act 51 of is included to distinguish properly between private defence and public authority as defences, which is evident from the change to the positioning of the chapter dealing with this in comparison to previous editions. They constitute necessary rules for the very functioning of the system and, as such, are inducted from the legal reasoning of those entitled to take legal decisions in the process of applying the law, notably the judiciary.


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General principles of criminal law through the cases book

It was never lawful to take active steps to cause or accelerate death, although in certain circumstances it was lawful to withhold life sustaining treatment, including feeding, without which the patient would die.

Principles of Criminal Law

He failed to take action, and after the building had burned down, he was convicted of arson. Generally, crimes must include an intentional act, and "intent" is an element that must be proved in order to find a crime occurred.

Price: R incl VAT pages soft cover The fourth edition of this monumental work, Principles of Criminal Law is distinguishable from the previous edition in length, content and also appearance. Simple examples might be A hitting B with a stick, or X pushing Y down a water well.

It is usually the application or threat of unlawful force, though exceptionally an omission or failure to act can result in liability. Are they confused by the concept of mens rea and accessorial liability?

It may be accomplished by an action, by threat of action, or exceptionally, by an omission to act, which is a legal duty to act. For example, the act of A striking B might suffice, or a parent's failure to give food to a young child also may provide the actus reus for a crime.

Also, organised crime, dealt with in one chapter in the third edition, has now been divided into seven separate chapters for easy reading. In R v Miller [12] a squatter flicked away a still lit cigarettewhich landed on a mattress. An English court room inwith Lord Chief Justice Coleridge presiding Actus reus is Latin for "guilty act" and is the physical element of committing a crime.

Criminal Law

A mistake of law as to whether a particular type of conduct is a crime within the jurisdiction of the Court shall not be a ground for excluding criminal responsibility.

Article 23 A person convicted by the Court may be punished only in accordance with this Statute. A defendant who satisfies these requirements may nevertheless not be liable for the offence if he has a defence specifically provided for or a efence under the general principles of criminal liability.

A military commander or person effectively acting as a military commander shall be criminally responsible for crimes within the jurisdiction of the Court committed by forces under his or her effective command and control, or effective authority and control as the case may be, as a result of his or her failure to exercise control properly over such forces, where: a That military commander or person either knew or, owing to the circumstances at the time, should have known that the forces were committing or about to commit such crimes; and b That military commander or person failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.

Another interesting feature lies in the fact that this general literature is quite time-bound, with obvious waves of works having been published at certain periods of time, such as during the years following the entry into force of the Permanent Court of International Justice PCIJ and International Court of Justice ICJ Statutes, or during the s.

The author even pruned his own critique and examination on court cases which had a significant impact on the chapters dealing, inter alia, with provocation, child sexual experimentation, racketeering, sentencing discretion, common purpose liability and the recklessness or volitional element of dolus eventualis.

No person has to answer questions put by the police. This implies that a reader who needs a fuller or more comprehensive historical survey will, unfortunately, have to refer to a previous edition of this work.

The common perception is that these principles find their origin in the domestic legal systems. It is the mental state of mind of the person at the time the actus reus was committed. This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.

Unlawful killing is probably the act most frequently targeted by the criminal law. No person shall be criminally responsible under this Statute for conduct prior to the entry into force of the Statute. Revised discussions on the elements of robbery, criminal defamation, corruption and the civil forfeiture of assets are included.

Drivers of motor vehicles are also required to give their name and address, and that of the owner of the car, as well as some questions in relations to firearms see : arrest and questioning. Once there is the conviction that some of these general tools are commonly shared principles that can be found in the domestic systems, they can also be applied in international law.

Right to remain silent Generally a person is not required to answer police questions. The Court shall have jurisdiction over natural persons pursuant to this Statute.BOOK REVIEWS GENERAL PRINCIPLES OF CRIMINAL LAW (2d ed.). By Jerome Hall. Indianapolis, Ind.: Bobbs-Merrill.

Pp. $ The world of Jerome Hall is a. The fourth edition of this monumental work, Principles of Criminal Law is distinguishable from the previous edition in length, content and also appearance.

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.

Jun 14,  · LIVE Criminal Law Theory Workshop Get the Case Summaries for $5!: Criminal Law: (Jurisprudence Interpretation and General Laws CS Executive) - Duration. Building on "Principles of Criminal Law", this book provides an overview of the key aspects of criminal law doctrine as it applies in England and Wales.

This fifth edition includes analysis of important case law and the impact of legislative reform of the Sexual Offences (Amendment) Act Unafraid to challenge the status quo, CR Snyman's sixth edition of Criminal Law takes a challenging look at criminal law in South Africa.

This work has been thoroughly revised in light of important changes in the South African legal system, with updated reference to the latest reported judgements. This book is also available in eBook format. Dec 17,  · Book Description. Criminal Law is adapted from a work produced by a publisher who has requested that they and the original author not receive attribution.

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This adapted edition is produced by the University of Minnesota Libraries Publishing through the eLearning Support Initiative.

Criminal Law uses a two-step process to augment learning, called the applied approach.