ISSN: 1996-2118
Affiliations: University of Johannesburg
Source: South African Journal of Criminal Justice, Volume 35 Issue 3, p. 386 – 398
https://doi.org/10.47348/SACJ/v35/i3a6
None
ISSN: 1996-2118
Affiliations: University of the Free State
Source: South African Journal of Criminal Justice, Volume 35 Issue 3, p. 399 – 411
https://doi.org/10.47348/SACJ/v35/i3a7
None
ISSN: 1996-2118
Affiliations: University of KwaZulu-Natal
Source: South African Journal of Criminal Justice, Volume 35 Issue 3, p. 412 – 426
https://doi.org/10.47348/SACJ/v35/i3a8
None
ISSN: 1996-2118
Affiliations: LLB LLM (Cape Town), Associate Professor, Faculty of Law, University of Cape Town
Source: South African Journal of Criminal Justice, Volume 35 Issue 2, p. 131 – 155
https://doi.org/10.47348/SACJ/v35/i2a1
This article will consider the defence of consent and whether its conception has changed over the years through jurisprudence. It will focus on a few areas that have seen developments in relation to the defence, namely, active euthanasia, sadomasochism, and sexual offences.
ISSN: 1996-2118
Affiliations: BJuris (PU for CHE) LLD (Unisa). Honorary Professor, UKZN.
Source: South African Journal of Criminal Justice, Volume 35 Issue 2, p. 156 – 174
https://doi.org/10.47348/SACJ/v35/i2a2
It is a safe assumption that robbery exists, as a crime, in virtually every legal system. Very broadly spoken, it is a crime that consists of the forceful taking of another person’s property. Robbery is often regarded as one of the more serious crimes that can be committed. Such seriousness is then reflected in the severity of the sentence imposed on the robber. However, not all robberies are equally serious.
What factors determine whether one robbery is more or less serious than another? From a South African perspective, the answer to this question is far from certain. This uncertainty exists even though robbery is prevalent – in other words, there is much potential in South African criminal justice to provide a more certain answer.
This contribution explains how South African courts approach sentencing for robbery. It starts by briefly discussing the definition of robbery and then moves to principles governing sentencing in South Africa in general, and the sentencing of robbery in particular.1 I then briefly discuss the same subject matter in German law. Finally, the contribution analyses the most pressing issues afflicting sentencing in South Africa and, in this process, contrasts the legal principles that are in place in Germany.
ISSN: 1996-2118
Affiliations: LLB, LLM (London), PhD (West Indies), Research Fellow, Centre for Human Rights, University of the Free State
Source: South African Journal of Criminal Justice, Volume 35 Issue 2, p. 175 – 197
https://doi.org/10.47348/SACJ/v35/i2a3
The discussion of the South African cases involving wrongful police shootings and the damages awarded in that regard formed the subject of the discussion in the first part of this series. That discussion continues in the current part two which winds up with the analysis of the cases from Lesotho and Malawi involving injuries caused by the use of firearms by police officers and other security agents. The deprivation of personal liberties and physical and other injuries caused by police shootings may appear similar to the heads of damages recoverable in these jurisdictions such that guiding principles are uniformly applied. At the end of the day, the amounts finally awarded differ from jurisdiction to jurisdiction as the courts in the smaller jurisdictions of Southern Africa often emphasise the disparities between their economies and the more developed South African economy such that the amounts finally awarded reflect such socio-economic disparities.