Criminal Law No legal definitions of negligent driving and dangerous driving Although there is no legal definition of what negligent driving and dangerous driving is, the Court must see the degree of recklessness one uses when…MMA EditorAugust 7, 2020
Criminal Law Suspended sentence cannot be awarded in certain circumstances The Court of Criminal Appeal switched the punishment of a person who was first awarded a suspended sentence, since this was not permitted at law.…Marthese HiliJune 13, 2020
Criminal Law The three principles of criminal punishment explained When awarding a punishment in criminal cases, the courts have to keep in mind that there are three principles. This was held on 20 May…Marthese HiliJune 8, 2020
Criminal Law Court accepts and explains defence of provocation The Court of Criminal Appeal overturned a conviction of a mother, since the CCTV footage of an incident with her sons, are not compatible with…Marthese HiliMay 29, 2020
Criminal Law COVID 19 Criminal Offences The COVID 19 pandemic has brought about a number of restrictions to our daily lives. This has been done to ensure our own safety from…Marthese HiliApril 27, 2020
Criminal Law When prosecution rests on one witness’s testimony, it must be proven to be safe and satisfactory For the accused to be found guilty on the basis of the testimony of one witness, the prosecution must prove that such testimony is safe…MMA EditorDecember 20, 2019
Criminal Law Training Session for Lawyers on Domestic Violence and Gender Based Violence The Council of Europe Convention on preventing and combating violence against women and domestic violence under Article 3(d) defines ‘Gender-based violence against women’ as: ‘violence…MMA EditorDecember 4, 2019
Criminal Law Court has final say on whether bodily harm was grievous or not, regardless of doctors’ medical opinion The Court held that according to the evidence the accused was proven to have punched the defendant once, as a result of which his eye…Marthese HiliSeptember 16, 2019
Criminal Law An obvious falsification of a document is not a crime The Court applied a legal principle where the use of a document which is obviously false, is not a crime, finding the two accused not…MMA EditorAugust 30, 2019
Criminal Law Fingerprints may be deemed sufficient evidence to prove the commission of a crime With regards to the intentional element of the crime of theft the Court held that the argument of the accused did not hold water since…Marthese HiliAugust 23, 2019