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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.
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.
This sixth edition of the established work Principles of Criminal Law, now Burchell’s Principles of Criminal Law, includes a number of compelling new features. Written by three specialist authors – Emeritus Professor Jonathan Burchell, Professor P J Schwikkard and Dr Tshepo Bogosi Mosaka – it contains substantially improved chapters on corruption, substance abuse and organized crime, as well as fuller debate on consent to die with dignity. It places greater emphasis on customary law and submissions on mistaken belief in consent in rape cases. There are also new chapters on witchcraft and hate crimes (incorporating hate speech).
Title includes: A review of criminal law in the first decade of democracy in the context of the latest crime statistics, succinct critical observations on restorative justice, victims' rights, victim compensation, and plea-bargaining; a chapter examining the impact of the Constitution on the principles and practices of criminal justice; a critical appraisal of the limits on the use of force in apprehending fleeing suspects in the light of the new s 49 of the Criminal Procedure Act and recent case authority; an analysis of the implications of the Pretty v UK decision and recommendations on voluntary euthanasia and dying with dignity; the implications of the Youth Justice Bill; the Criminal Matters Amendment Act 68 of 1998 and the defence of insanity; the jurisprudential nature of the defence of provocation and emotional stress revisited in the light of the S v Eadie judgment in the context of observations on domestic violence; the choice between individualising the normative standard of negligence or objectifying aspects of the subjective standard of capacity and finding a viable and fair solution for a multicultural society; a critical evaluation of strict and vicarious liability to emphasise individual autonomy in criminal theory and to focus on fault-based criminal liability; a study of corporate criminal responsibility in the light of modern theories; an evaluation of common purpose liability in the light of S v Thebus; a completely new chapter on organised crime (including racketeering, money laundering, criminal gang activity and asset forfeiture) in terms of the provisions of the Prevention of Organised Crime Act 1998 and the Financial Intelligence Centre Act 2001. An evaluation of the Supreme Court of Appeal judgment in NDPP v (1) RO Cook Properties (Pty) Ltd; (2) 37 Gillespie Street Durban (Pty) Ltd; (3) Seevnarayan; up-to-date coverage of recent anti-corruption legislation; completely restructured and extended chapters on rape and sexual offences, incorporating crucial law reform initiatives and their impact; a full and critical discussion of the effect of the Rheeder judgment on extra-contractual use.
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