Now showing items 1-10 of 12
Re-opening the debate on developing the crime of public violence in light of the violent protests and strikes.
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, ...
The right to remain silent : an unfair advantage.
Abstract available in PDF file.
What constitutes 'substantial and compelling circumstances' in the mandatory and minimum sentencing context?
No abstract available.
A critical analysis of the crime of robbery "with aggravating circumstances".
This paper is a result of a critical consideration of the crime of robbery with aggravating circumstances as defined in section 1(1) (b) of the Criminal Procedure Act 51 of 1977. The historical origin and development of ...
Common purpose: The last hope for the successful prosecution of 'mob justice' murder cases.
Mob justice is prevalent in South Africa and the only way these “mob justice” cases can be successfully prosecuted is through the application of the common purpose doctrine. It should be noted that such an important doctrine ...
The end of the rope: The Criminal Law’s perspective regarding Acts of Consensual Sexual Violence between adult partners within the South African, English and Canadian legal frameworks.
Nestled within the Constitution lies a guarantee for the sanctity and enforcement of sections 10, being the right to human dignity, 11, promising the right to life and 12, protecting the freedom and security of the person.1 ...