Archive for Apr, 2014

All crimes/offences have an “unlawfulness” requirement built in. You are only liable to criminal punishment if your conduct is “unlawful”. Unlawfulness is judged by the “legal convictions of the community” but ultimately, by the values in the Constitution. Thus the unlawfulness requirement in every offence is really a requirement that one’s conduct must be unconstitutional. […]

Pistorius’s Second Defence: Involuntariness

Posted: 13th Apr 2014 by James Grant in Uncategorized

Murder is the intentional unlawful killing of another human being. Culpable homicide is the negligent unlawful killing of another human being. You are entitled (justified) in law to intentionally lawfully (such as, in self-defence) kill another human being. There is no criminal liability for doing so. Whether you are under attack and entitled to act […]

Adv Roux is right that s 197 of the Criminal Procedure Act only allows the prosecution to cross-examine the accused as to his bad character if the accused testifies as to his good character. This is the statutory position – but it is not exhaustive of the law on the issue. At common law (the […]

Adv Roux is right that s 197 of the Criminal Procedure Act only allows the prosecution to cross-examine the accused as to his bad character if the accused testifies as to his good character. This is the statutory position – but it is not exhaustive of the law on the issue. At common law (the […]

If, on a charge of murder, an accused claims to have been mistaken as to whether he was under attack – that he thought the person he shot and killed (who it transpires was his girlfriend) was imminently about to attack him, the veracity of this claim would seem to be undermined by evidence that […]