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In South African law, as Nkabinde J was writing, rape was understood as the non-consensual penetration of a vagina by a penis. The generally accepted definition of rape, according to Heath J in S v Ncanywa , [ 3 ] was "the ( a ) intentional ( b ) unlawful ( c ) sexual intercourse with a woman ( d ) without her consent."
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."
That case did not address the unequal age of consent, although in his judgment Justice Ackermann took note of it without commenting on its constitutionality. In 2007 Parliament enacted the Criminal Law (Sexual Offences and Related Matters) Amendment Act, which codified and reformed the law on sexual offences. It repealed section 14 of the ...
The Constitutional Court, in Carmichele v Minister of Safety and Security and Another (Centre for Applied Legal Studies Intervening), an important case in South African criminal, delict and constitutional law, found that the State could be held delictually liable for damages arising out of the unlawful omissions of its servants.
Peterson v Minister of Safety and Security [1] [2] is an important case in South African criminal law. For the appellant appeared J Whitehead SC, instructed by JL Martinson & Company, Cape Town; for the respondents, A Schippers SC and S O'Brien, instructed by the State Attorney, Cape Town.
In S v B is an important case in South African criminal law, ... Books. CR Snyman Criminal Law Casebook 5th impression (2012). Cases.
In S v Tembani, an important case in South African criminal law, especially in respect of the issue of legal causation, it seemed to the Witwatersrand Local Division, following the approach of English law, to be "of overriding importance that the original wound inflicted by the accused was an operating and substantial cause of the death of the deceased."
Criminal law, Crime, Drunkenness, Excuse, Mitigation of sentence. In Rex v Bourke , [ 1 ] an important case in South African criminal law, the Transvaal Provincial Division (TPD) held that, under Roman-Dutch law, drunkenness is, as a general rule, no defence to a crime, although it may be a reason for mitigation of punishment.