Masters Degrees (Criminal Law)
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Browsing Masters Degrees (Criminal Law) by Author "Hoctor, Shannon Vaughn."
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Item An alternative approach to dolus eventualis.(2016) Tsuro, Janet Audrey.; Hoctor, Shannon Vaughn.Abstract not available.Item Battered women who kill abusive partners in non-confrontational circumstances : can South African law do more to protect them?Moodley, Leneshrie.; Hoctor, Shannon Vaughn.Abstract not availableItem A critical evaluation of the doctrine of common purpose in South African law.(2013) Walker, Shelley Anne.; Hoctor, Shannon Vaughn.;Although South African law adopted the doctrine of common purpose from 19th century English law, the scope of the doctrine has been considerably extended. Whereas English law required presence at the time of the crime, in pursuance of a conspiracy to commit the crime in concert, South African law has dispensed with the need for all these requirements to be met. Thus, where there is a prior conspiracy, South African law does not require presence at the time of the crime, or an actual contribution towards its execution. Where there is presence at the time of the crime, it is unnecessary to prove a prior conspiracy, or an actual contribution towards the execution of the crime. All that is required is unilateral conduct showing solidarity with the conduct of the actual perpetrator. South African law has also dispensed with the need to establish the scope of a common purpose as a matter of objective fact. It is only necessary to prove association in a criminal enterprise of some kind, coupled with the necessary mens rea for the crime. This means that liability for a serious crime like murder can arise from a relatively trivial act of association, which in no way contributed to the death of the deceased, or encouraged or facilitated the commission of the crime. This is an unacceptable departure from the principles of normative criminal justice, which require liability and punishment to be commensurate with personal culpability. Although the normative basis for the doctrine was originally thought to lie in the principles of mandate, mandate cannot offer a tenable justification for the doctrine in its present extended form. It is argued that there is in fact no normative basis for the doctrine in this form. The only justifications that remain are instrumental in nature. The lack of a normative basis for the doctrine is inimical to a rational, systematic and principled approach to the law, whilst disregard for the principles of culpability, fair labelling and proportionality in punishment is unacceptable in a constitutional dispensation concerned with protecting fundamental human rights. At the same time, instrumental justifications for the doctrine are unconvincing. It is accordingly submitted that the South African law of complicity is in need of reform to render it constitutionally compliant.Item The doctrine of common purpose : a brief historical perspective; the common purpose doctrine defined and a focus on withdrawal from the common purpose.(2016) Singh, Nasira.; ; Hoctor, Shannon Vaughn.;Abstract available in PDF file.Item Dolus eventualis : the subjective test to establish the “reconciliation with the risk” or “the taking into the bargain” of the foreseen result by the accused with specific reference to S v Pistorius.(2016) du Preez, Danie Jan.; Hoctor, Shannon Vaughn.Abstract not available.Item The housebreaking crime to remain a common-law crime in South Africa.(2015) Mkhize, Richard Sbonelo.; Hoctor, Shannon Vaughn.; Goodier, Caroline Margaret Mary.The crime of housebreaking with intent to commit a crime was unknown in Roman and Roman-Dutch law. This crime was treated as an aggravated form of theft. It emanates from the English law crimes of burglary and housebreaking. Its development was fraught with technicalities due to the fragmentary nature of its elements. However, the South African law followed its own developmental path even though the English law authorities contributed to its development by way of authorities. There have been calls for this crime to be abolished or statutorily regulated due to the difficulties or problems caused by some of its elements and due to a lack of overarching rationale for it. The purpose of this dissertation is to examine the „breaking‟ and „premises‟ requirements of the common-law crime of housebreaking with intent to commit a crime from South African law perspective. These two elements have been criticised for causing most difficulties or problems for this crime. The various journal articles, textbooks, relevant case law and statutory provisions on this topic are considered for this dissertation. After due consideration of all the relevant material, it becomes conspicuous that the South African law cannot afford not to have this crime as part of our law; thus the crime cannot be abolished. The dissertation concludes that the crime of housebreaking should remain a common-law crime as opposed to the proposal to have it becoming a statutory offence.Item The interpretation of 'substantial and compelling' by South African courts and a comparison with Minnesota sentencing guidelines.(2017) Chikoko, Vimbai.; Hoctor, Shannon Vaughn.Item The "murder or mercy" debate surrounding euthanasia in South Africa : a discussion on the current South Africa legal position in light of case law, a comparative study to foreign jurisdictions and recommendations made by the South African Law Reform Committee.(2016) Alli, Alia.; Hoctor, Shannon Vaughn.Abstract available in PDF file.Item Re-opening the debate on developing the crime of public violence in light of the violent protests and strikes.(2015) Khumalo, Khulekani.; Hoctor, Shannon Vaughn.While section 17 of the Constitution guarantees the right to freedom of assembly, the violence that often accompanies the exercise of this right culminates in the violation of the rights of non-protesters to, inter alia, life, dignity, equality and freedom and security of the person. The crime of public violence is the primary measure in place for the maintenance of the community’s interest in public peace and order as well as the protection against the invasion of the rights of other people. Therefore, this dissertation seeks to lead a debate on the question whether the apparent failure of the crime of public violence to adequately safeguard the rights of non-protesters means that the crime falls short of the objectives of section 39(2) of the Constitution and thus requires to be developed in order to promote the spirit, purport and objects of the Bill of Rights? If so, how must the development take place in order to meet these objectives? Addressing the topic for debate invariably leads to an assessment of the jurisprudential direction the South African courts are likely to take in the question of developing the crime of public violence as a remedy to the erosion of the rights of non-protesters during violent protests.Item Section 15 and 16 of the Criminal Law (sexual offences and related matters) Amendment Act 32 of 2007; lessons from the teddy bear clinic case.(2016) Denness, Yolynn Rutanya Nicolette.; Khumalo, Khulekani.; Hoctor, Shannon Vaughn.Abstract not available.Item What constitutes 'substantial and compelling circumstances' in the mandatory and minimum sentencing context?(2016) Njoko, Thulisile Brenda.; Hoctor, Shannon Vaughn.No abstract available.