Contains latest cases summary for CRW1501 - General Principles Of Criminal Law. All the cases are summarised and organised neatly to make it easy to follow and understand.
1
Case Area of law Principle
S v Francis 1994 (1) SACR 350 (K) Principle of Legal question
legality
F charged with absconding from a Did any crime exist under which the accused could be
rehabilitation centre. Regulation of charged ?
1971 Act under which F charged made
it clear that act which F allegedly Decision of court
committed was a crime. 1992 Act
repealed 1971 Act. F absconded in Court recognised importance of principle of legality.
1993. Relevant section in 1992 Act contained only a legal norm
and not a criminal norm or criminal sanction.
F not guilty of any crime.
S v Masiya 2007 (2) SACR 435 (CC) Principle of Legal question
legality
M charged with rape of a 9 year old 1. Was common law definition of rape constitutional ?
girl. On day act was committed,
legislation creating a new statutory 2. Was accused correctly convicted of rape ?
crime of rape had not yet existed. M
had inserted penis into anus of girl and Decision of court
not her vagina, thus it was argued that
M could only be charged with indecent 1. No, common law definition of rape is unconstitutional –
assault as crime did not fit definition of CC extended common law definition of rape to include
rape. acts of non-consensual penetration of a penis into anus
of a female
2. No, conviction of rape was set aside and replaced with a
conviction of indecent assault.
Want to earn R1,135 per mon
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller StuddyScene. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R60,00. You're not tied to anything after your purchase.
