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  • Defeating or Obstructing

    Transféré par

    Rodney Ulyate
    517 vues7 pages
    Defeating or OBSTRUCTING THE COURSE OF JUSTICE consists in unlawfully doing an act which is intended to defeat or impede the due administration of justice. Crime committed only where judicial proceedings relating to administration of justice are defeated or obstructed.

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    Defeating or OBSTRUCTING THE COURSE OF JUSTICE consists in unlawfully doing an act which is intended to defeat or impede the due administration of justice. Crime committed only where judicial proceedings relating to administration of justice are defeated or obstructed.

    Droits d'auteur :

    Attribution Non-Commercial (BY-NC)
    Téléchargez comme PPT, PDF, TXT ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    517 vues7 pages

    Defeating or Obstructing

    Transféré par

    Rodney Ulyate
    Defeating or OBSTRUCTING THE COURSE OF JUSTICE consists in unlawfully doing an act which is intended to defeat or impede the due administration of justice. Crime committed only where judicial proceedings relating to administration of justice are defeated or obstructed.

    Droits d'auteur :

    Attribution Non-Commercial (BY-NC)
    Téléchargez comme PPT, PDF, TXT ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    sur 7

    DEFEATING or OBSTRUCTING THE COURSE OF JUSTICE

    Definition
    Defeating or obstructing the course of justice consists in unlawfully doing an act which is intended to defeat or obstruct and which does defeat or obstruct the due administration of justice Burchell Principles of Criminal Law 3rd ed (2005) at 939

    Origins
    Definition derived from Roman & RomanDutch Law crime committed only where judicial proceedings relating to administration of justice are defeated or obstructed. SA courts have extended definition. Nullum crimen sine lege principle (no crime without a law).

    Elements
    1. 2. 3. 4. Unlawful Defeating or Obstructing (Conduct) Administration of Justice Intention

    Elements of the crime:


    1.Unlawfully

    2.Defeating or Obstructing (conduct)


    S v Binta 1993 (2) SACR 553 (C) Attempt

    Attempt
    S v Cassimjee 1989 (3) SA 729 (N) Clarke: Attempting to Defeat the Ends of Justice (S v Mene & another 1988 (3) Sa 641 (A)).

    Elements (cont.)
    3.the Course or Administration of Justice
    S v Bazzard 1992 (1) SACR 302 (NC) CR Snyman Laying a False Criminal Charge (S v Sauerman 1978 (3) SA 761 (AD).

    4. Intentionally: Motive irrelevant

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