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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."
Criminal law, Liability, Defence of compulsion, Onus S v Mtewtwa [ 1 ] is an important case in South African criminal law, dealing with the defence of compulsion. The accused, in custody, was threatened by a warder with solitary confinement unless he committed a criminal act.
On 20 September 1998, a group of young men raped eight women in the Umthambeka section of the township of Tembisa in Gauteng.Members of the group were brought to trial in the High Court of South Africa on 13 August 1999 and were convicted of various charges, including seven counts of common law rape.
In S v Lavhengwa, an important case in South African criminal law, it was held that the right created in section 35(3)(a) of the Constitution, which provides that the right to a fair trial includes the right to be informed of the charge with sufficient detail to answer it, implies that the criminal charge itself must be clear and unambiguous.
Criminal law, criminal liability, automatism, epilepsy, culpable homicide In R v Schoonwinkel , an important case in South African criminal law , particularly as it applies to the defence of automatism , the driver of a motor vehicle was charged with culpable homicide, having collided with and killed a passenger in another car. [ 1 ]
S v Thebus and Another is a 2003 decision of the Constitutional Court of South Africa in the area of criminal law and criminal procedure.The court unanimously affirmed that the doctrine of common purpose was compatible with the Constitution, upholding two murder convictions on that basis.
...the presumption of innocence is an established principle of South African law which places the burden of proof squarely on the prosecution. The entrenchment of the presumption of innocence in section 25(3)(c) must be interpreted in this context. It requires that the prosecution bear the burden of proving all the elements of a criminal charge.
S v Francis is an important case in South African criminal law. It deals with that subdivision of the principle of legality known as the ius acceptum rule in statutory crimes: the rule stipulating that a court may convict an accused of a crime only if the type of act which he committed is recognised by the law—in this instance the statutory law as a crime.