100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Summary Criminal Procedure 271 Entire Year's Case Summaries R100,00
Add to cart

Summary

Summary Criminal Procedure 271 Entire Year's Case Summaries

 12 views  0 purchase

Criminal Procedure 271 Entire Year's Case Summaries of all the prescribed cases up to the final Exam.

Preview 3 out of 22  pages

  • February 14, 2022
  • 22
  • 2021/2022
  • Summary
All documents for this subject (9)
avatar-seller
iragarbers
Criminal Procedure 271 Cases

Chapter 1: Introduction
• Social Justice Coalition v Minister of Police 2019 4 SA 82 (WCC) - Article
SA Court for the first time recognizes poverty as a ground of indirect discrimination
under PEPUDA. This means that legislation is neutral, however impact of differential
treatment is discriminatory.
Conclusions: formula used to allocate police resources in WC unfairly discriminates
against poor and Black people.
Determinants
1. Rate of crime
2. unemployment rate, size of informal populations.
3. Facilities for sports, religion ect.
4. Airports? Shopping malls? Counts in favor if you have.
Constitution has recognized intersectionality by providing for unlisted or unspecified
grounds of discrimination.
If one or more of the following is met, unlisted ground constitutes discrimination:
1. causes or perpetuates systemic disadvantage
2. undermines human dignity
3. adversely affects the equal enjoyment of a person’s of personal rights and
freedoms.

,• S 35: Veldman v DPP:
detained, arrested and accused.

, Chapter 2: Criminal Courts of the Republic and aspects of
jurisdiction:
• National Commissioner of the South African Police v Southern African Litigation
Centre and others 2015 (1) SA 315 (CC) (NCSA v SALC)

UNIVERSAL JURISDICTION
Facts: Zimbabwe police raided the headquarters of the opposition party and
(allegedly) tortured 100 Zimbabwean nationals. The. SAHRLC collected evidence and
delivered to NPA (National Prosecuting Authority) in SA. SAP declined to investigate.
apply successfully to high court for review and set aside the police’s decision.
Issues:
- Must the suspected perpetrator be present in SA for the police to investigate the
crime, relating. to. an international crime committed outside of SA?
NO, not a requirement for investigation under international or SA law.
- Did the Constitution duty the police to investigate the crime against humanity of
torture?
YES, it did.
- Were there limits on the police investigating international crimes committed outside
of South Africa by and against foreign nationals?
YES, SA had to have a substantial connection to the matter.
Understanding place of international law within the Constitution: Constitution
reveals a clear determination to ensure that Constitution and SA Law. are
interpreted to comply with international law.
Crime against humanity.

• Rex v Holm, R v Pienaar
Facts: Charge of high treason against accused who broadcasted propaganda. Rare.
There existed no international custom or comity which debarred a state from trying
and punishing an offender no matter where the offence was committed. Personal
aspects of jurisdiction.

• S v Ebrahim
Facts: Accused of high treason. Was violently arrested whilst being in Swaziland. The
appellant’s case rested upon the notion that arrest took place without abiding to the
necessary rules. Competence of court?
Section 39 of the Criminal Procedure Act 51 of 1977 indicates how arrests should be
executed.

• S v Kruger
Facts: Accused of livestock theft, that took place in South Africa and Botswana.
Theft is a continuous crime, nature of crime. Theft remains a crime as long as the
accused is in position of the stolen goods and can thus be prosecuted. Territoriality
of jurisdiction. S 110 of CPA: Territorial jurisdiction.

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

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

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

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 iragarbers. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy this summary for R100,00. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

53068 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy summaries for 14 years now

Start selling
R100,00
  • (0)
Add to cart
Added