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The fourth edition of Principles of Evidence strikes a balance between the theory of the law of evidence and its practical application. This edition continues to assess the impact of the Constitution on the traditional Anglo-South African law of evidence, especially with regards to the admissibility of unconstitutionally obtained evidence. It further discusses the statutory provisions regulating diverse matters such as sexual history evidence and the admissibility of electronic evidence.
The fifth edition of this established work on criminal law now includes detailed discussion of major judicial pronouncements on dolus eventualis (Pistorius), the limits of common purpose liability in its active association form (Dewnath), robbery with aggravating circumstances (Masingili), treason (the Boeremag Treason trial), racketeering/retrospectivity (Savoi) and consensual child sexual experimentation (Teddy Bear Clinic). With the important entry into force on 9 August 2015 of the Prevention and Combating of Trafficking in Persons Act 7 of 2013, definitions of human trafficking and related offences have now become an integral part of our criminal law. Moreover, the transitional provisions on human trafficking in the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 have been replaced with more detailed provisions under this Prevention and Combating of Trafficking in Persons Act 7 of 2013. A significant amendment to abortion law has been effected by the Choice on Termination of Pregnancy Amendment Act 1 of 2008 (assented to 12 February and promulgated18 February 2008), following the Constitutional Court's judgment in Doctors for Life International v Speaker of the National Assembly 2006 (6) SA 416 (CC). Judgments of the Supreme Court of Appeal, the Constitutional Court and legislative amendments relevant to criminal law up until the end of 2015 have been included in this fifth edition of Principles of Criminal Law.
While aimed at students, Criminal Procedure Handbook is increasingly being relied on by legal practitioners as a first port of call.
Available in English and Afrikaans, the revised and updated eleventh edition of this book introduces readers to the fundamental principles and values underlying this field of law and guides them systematically through the rules of procedure that apply in criminal cases.
This criminal law casebook contains excerpts from the most important South African judgments on criminal law. Some shorter judgments are printed in full. Each case is preceded by a brief summary of the facts in the law followed by a note explaining the importance of the judgment. Afrikaans judgments are translated into English. The book also contains an introduction explaining the meanings of important concepts and expressions found in judgments. This is of great value to students who are inexperienced in reading judgments. The four previous editions of this casebook have proven to be an ideal and necessary aid in the study of criminal law.
Unafraid to challenge the status quo, CR Snyman's sixth edition of Criminal Law takes a challenging look at criminal law in South Africa.
This work has been thoroughly revised in light of important changes in the South African legal system, with updated reference to the latest reported judgements.
The Basic Guide to Criminal Procedure explains the law of criminal procedure in understandable language and with reference to the rights in the Constitution of South Africa.
Useful discussions of relevant cases are included throughout the book. The important forms used in criminal procedure are also provided as annexures at the back of the book.
This publication addresses the legal aspects specifically relevant to police officials.
It states, interprets and applies the most general legal principles in the fields of criminal law and criminal procedure (mainly the pre-trial process), and some basic principles of the law of evidence. There is a constant emphasis on the influence of human rights on these fields of law, and especially on policing powers.
Academics, practitioners, justice and police officials collaborated in producing a book that is not only theoretically sound, but also of great practical value.
Dit het die land geruk, die wêreld geboei en sal in die geskiedenis bekendstaan as die opspraakwekkendste hofsaak tot nog toe in Suid-Afrika. Oscar Pistorius se moordverhoor is die storie van die dekade. Dis ’n liefdesverhaal wat ’n misdaadriller geword het, ’n sprokie wat in bloed geëindig het.
En dís hoe Marida Fitzpatrick die verhaal vertel. Sy weef die skrikwekkende gebeure van daardie noodlottige nag en die mees dramatiese hoofstukke van die verhoor op só ’n manier ineen dat dit soos ’n spanningsverhaal lees. Tussendeur dié boeiende vertelling is uittreksels uit onderhoude wat Fitzpatrick met van die betrokkenes se naastes gevoer het.
Saam met al die menslike vertellings verskyn daar ook ’n interessante ontrafeling van die tegniese aspekte van die verhoor: Wat het die ballistiek, die getuienis oor die gille en Oscar se twee verwere uiteindelik vir hom beteken?
Dit word alles geïllustreer met treffende foto’s wat op die toneel geneem is en grafiese voorstellings.
Die Staat vs. Oscar is ’n fassinerende storie wat nie net al die legkaartstukke van die Oscar-raaisel in plek laat val nie, maar deurentyd aangryp en meesleur.
Crime scene investigation is a practical book dealing with the management, investigation, and control and processing of crime scenes, or scenes of incident, as they are now called. The book explains the important principles of continuity of possession and the importance of preventing contamination of the scene and evidence. It also focuses on the roles of experts and aids who can help investigating officers to solve complex and varied crimes. The book pays particular attention to the administrative process involved in the handling of evidence. This includes: The responsibilities of the investigating officer who has to deal with the incident; The various ways in which a scene of incident can be documented; The handling of people who may be present at the scene; The proper identification, collection, packaging and dispatch of evidence. Two of the unique features of the book is the introduction and explanation of a new investigation principle, namely the Lochner principle, and a new search method, namely the Lochner/Zinn search method.
The law of evidence is vital to each legal practitioner and forms part of the curriculum of every South African law qualification. It is compulsory even for some degrees not strictly confined to legal practice, such as certain police and related qualifications. However, the law of evidence is not considered an easy subject, especially not for persons who have never been inside a court of law.
In this work, academics with practical experience of the criminal justice system have selected a number of decided cases as well as statutes relevant to the law of evidence. Illuminating commentary is provided, which should assist any student of the discipline to get to the core of these texts. Due attention has also been paid to the constitutional aspects of the law of evidence.
Die bewysreg is onmisbaar vir elke regspraktisyn en maak deel uit van die leerplan van elke Suid-Afrikaanse regskwalifikasie. Dit is selfs verpligtend vir sommige grade wat nié tot die regspraktyk beperk is nie, soos sekere polisie en verbandhoudende kwalifikasies. Tog word bewysreg as ’n moeilike vak beskou, veral vir diegene wat nog nooit in ’n geregshof was nie.
In hierdie boek het akademici met praktiese ervaring van die strafregstelsel ’n aantal besliste hofsake sowel as wetgewing van toepassing op die bewysreg uitgesoek. Die insiggewende kommentaar wat voorsien word, behoort enige student van bewysreg tot die kern van die tekste te help deurdring. Behoorlike aandag word ook geskenk aan die grondwetlike aspekte van die bewysreg.
The fourth edition of Cases and Materials on Criminal Law includes 26 new extracts covering a range of topics, including the principle of legality, punishment, causation, consent in rape cases, dolus eventualis, knowledge of unlawfulness, common purpose, conspiracy, consensual child sexual experimentation, defamation, robbery, corruption, contempt of court, racketeering and criminal confiscation.
The revised fourth edition of Principles of Criminal Law includes the following changes and improvements:
www.oup.com/blackstones/criminal Led by Professor David Ormerod and David Perry QC, our team of authors has been hand-picked to ensure that you can trust our unique combination of authority and practicality. With a simultaneous supplement containing essential materials, you can rely on Blackstone's Criminal Practice to be your constant companion through every courtroom appearance. This new edition has been meticulously revised to provide extensive coverage of all new legislation, case law, and Practice Directions. With supplements, free Quarterly Updates, and monthly web updates, you can trust Blackstone's Criminal Practice to provide reassurance on all the latest developments in criminal law and procedure.
South African criminal law has accepted that it is only fair to punish those who - if they do wrong - are responsible for doing wrong. Responsibility - that the accused must be blameworthy - finds expression in several specific requirements of South African criminal law: voluntariness, fault, and, in particular, capacity, into which the `insanity' defence falls. The Responsible Mind in South African Criminal Law critically analyses these requirements, and includes an empirical component in this analysis. The book also identifies and critically analyses the underlying model of responsibility adopted in our law and considers the alternatives. The conclusion from the empirical component and critical analysis is that the specific requirements are unclear and even incoherent, and that this is a function of the underlying model of responsibility, which identifies random capricious and arbitrary conduct as responsible conduct. Alternative models of responsibility are discussed, and a `compatibilist' model of reason sensitivity is selected as a better foundation for criminal responsibility. The Responsible Mind in South African Criminal Law discusses the implications of adopting this model for the various specific requirements of South African criminal law and proposes appropriate modifications. Ultimately a new model of criminal responsibility and a revised set of specific requirements are proposed, together with a proposed new statutory test for responsibility.
Principles of Market Abuse Regulation: A Comparative South African Perspective arguably offers the most comprehensive study of the regulation and enforcement of anti-market abuse laws in South Africa today. Accordingly, the book examines the regulation of the South African securities and financial markets to identify the strengths and weaknesses of the country's anti-market abuse laws. In this regard, the book provides that inadequate and inconsistent regulation of the securities and financial markets could give rise to low investor confidence, market volatility and poor market integrity. The author traces the regulation of market abuse under the Financial Markets Act 19 of 2012 and recommends measures that could enhance the combating of market abuse in the South African securities and financial markets. The Financial Sector Regulation Act 9 of 2017, which is set to expand the mandate of the Financial Services Board, is also considered. The global financial crisis of 2007-2009 provides context for the book. Events covered include South African and American international banks' collusion and market manipulation involving price-fixing, market allocation and rigging in the trading of foreign currency pairs of the South African rand since 2007.
Smith, Hogan, & Ormerod's Essentials of Criminal Law provides an ideal gateway into the dynamic world of criminal law. Focused, expert coverage, a hallmark of the Smith, Hogan, and Ormerod books, is supported by a wealth of student-friendly learning features that enhance learning in this ideal introduction for first time students. Dr John Child and Professor David Ormerod QC expertly guide new undergraduate readers through the subject, addressing all the key topics on the LLB. Complex issues are demystified and explained, offering a clear understanding of offences, defences and principles that underlie them. Particular attention is paid to student assessment, with end of chapter sections offering advice on how to approach essay and problem questions. Short learning and assessment tips are provided throughout the chapters. Online Resources A range of online resources are provided to further a student's understanding, including video tutorials from the authors and students, examination questions with answer guidance from the authors, multiple choice questions, chapter summaries, and further reading.
Youth Justice Law and Practice is a comprehensive and practical guide to representing children in the criminal justice system. It provides a step by step guide to representing children at the police station, detailed coverage of specific court procedures and looks at wider issues such as child and adolescent brain development, mental health and learning difficulties and looked after children. It is crucial that advocates representing children and young people understand the specialised and separate procedures of dealing with this vulnerable group. Youth Justice Law and Practice is highly accessible and easy to navigate to enable the busy practitioner to quickly find the information they need. Covering the procedure of the youth court, magistrates' court, Crown Court and Court of Appeal, it focuses procedural differences including bail and remand, jury directions, sentencing, anonymity and reporting restrictions. The authors from Youth Justice Legal Centre, a centre for excellence on youth justice law, and Just for Kids Law, who provide legal representation and campaign to promote respect for the legal rights of children, bring their unique experience as youth advocates to explain how to communication and engage effectively with children, the correct approach for dealing with children with learning difficulties, the importance of background and how to deal with children as victims and witnesses in courts. Contents include: *arrest criteria *duties owed to children at the police station *charging decisions and out of court disposals *bail and remand *age assessments *the sentencing framework relating to children *procedures and modifications to trial relating to children *anonymity and reporting restrictions *welfare considerations and duties *communication skills *background and adolescent brain development *criminal records *Duties owed by other agencies The appendices include extracts from legislation, the Criminal Procedure Rules, Sentencing guidelines and specific guidelines for offences making this a one-stop-shop for the busy criminal practitioner. Youth Justice Law and Practice is essential reading for lawyers and professionals working in the youth justice system, appearing in the youth court and representing children in the adult criminal courts.
Taking effective witness statements is a practical book on crime investigations with reference to the role of witness statements in such investigations. The book also delves into how a witness should be prepared before a statement is taken, actions by the interviewer and observations during statement taking. Body language and different methods to approach a witness are discussed as well as the goals of interviewing a witness for the purposes of obtaining an effective statement. Taking effective witness statements focuses on different forms of witness statements and deals with: Requirements for a good statement; Characteristics of a good statement; Practical layout and format of a statement; Language in which a statement is taken; Mistakes made by investigators when writing a statement; Professional aspects that investigators must satisfy to meet requirements.
Evidential Aspects of Law Enforcement will assist law enforcement officers with gaining a clear understanding of the legal principles involved in the gathering of evidence, whether on crime scenes or during further investigations. A successful prosecution depends on the value of the evidence gathered from the moment that the crime was reported. Evidential Aspects of Law Enforcement addresses the law of evidence and aspects of the law of criminal procedure that relate to the law of evidence. The book also explains the importance of effecting an arrest to facilitate the gathering of evidence from a suspect (such as fingerprints and DNA), and how the conduct of the enforcement officer may affect investigations. Evidential Aspects of Law Enforcement explains technical legal terms in a straightforward and practical way, and contains the information that all law enforcement officers require to perform their duties effectively.
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