Intention in south african criminal law is widely defined to include dolus. If reasonable doubt remains, the accused must be acquitted. The required standard of proof beyond reasonable doubt was profoundly dealt with in the case of s v makanyanga 1996 2 zlr 231 when the court observed that. The standard of evidence in south africa is proof beyond reasonable doubt. Johannesburg the twentyyear sentence for three counts of culpable homicide, reckless driving and driving under the influence handed down by magistrate anand maharaj to mr kriesen moodley in the durban regional court recently is welcomed by justice project south africa. Guide to being tried for murder in south africa 16 may 2014 groundup staff palace of justice, pretoria. Criminal law on intoxication as it exists in south africa is a valid legal defense that an accused can use against criminal charges based on mental capacity, conduct and particularly, intention. The south african law of evidence forms part of the adjectival or procedural law of that country. Intoxication as a multiple defence in south african. This book has been written by the national prosecuting. We have spoken extensively on the changing regulatory environment. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact a judge or a jury. Hope suggests that subsection 1 should read an entry in any book of.
The sources of south african criminal law are to be found in the common law, in case law and in legislation. Here are definitions of some common law words or terms related to beyond reasonable doubt that may assist you in your viewing of this site. The npa is a part of south africas criminal justice system. South africa the presumption of innocence is derived from the centuriesold principle of english law.
The prosecution would still retain the burden of proof to prove the defendants guilt beyond a reasonable doubt, but the burden of production would shift to the defendant to prove by a. Criminal law amendment act sexual offences and related matters 32 of 2007, namely rape read with the provisions of sections 51 and or 52 and schedule 2 of the criminal law amendment act 105 of 1997, as amended and section 94 of the criminal. If, after reading jacques pauws recently published book, the. One of the key directions given to juries in criminal trials across australia is to remind them of the accuseds right to be presumed innocent of the charge, and only to be convicted if the jury has been persuaded beyond a reasonable doubt. It is a general rule of south african criminal law that an accuseds unlawful conduct and. On the day in question, some children were outside a hut. Proof beyond reasonable doubt does not mean proof beyond the. It was also submitted that the appellant was neither pointed out nor identified by the witnesses during the identification parade. The criminal standard is proof beyond a reasonable doubt. The supreme court of appeal of south africa judgment not. The evidence in a particular case may call for a cautionary approach, but that is a far cry from the application of a general cautionary rule. No, the constitution does not guarantee a right to be presumed. The south african constitution does not guarantee for anyone the right to be presumed innocent by ordinary citizens until proven guilty in a court of law. Presumption of innocence burden of proof in cases without an affirmative defense proof beyond a reasonabl e doubt we now turn to the fundamental principles of our law that apply in all criminal trialsthe presumption of innocence, the burden of proof, and the requirement of proof beyond a reasonable doubt.
Nkuna v s a182016 2018 zalmpphc 21 11 may 2018 saflii. Strauss, south africa, in international encyclopaedia of laws 4558 herman nys ed. Guide to being tried for murder in south africa groundup. This short capsule explains why the crown has to prove guilt beyond a reasonable doubt, what that term means, and what happens when the accused has a. If the state proves that a person committed the crime beyond a reasonable doubt, then a judge or magistrate can send that person to prison or give the person a fine. The duty to prove the guilt ofthe accused beyond a reasonable doubt extends to. The issue of guilt on a balance of probabilities vs guilt beyond reasonable doubt was a key issue. Wikipedia article, wikidata item the terrorism act no. According to contemporary south african criminal theory, a person. But because a person has a right to be innocent until proven guilty, the osti rightly argued that proving guilt on a balance of probabilities and proving guilt beyond reasonable doubt could not be separated in this particular case.
Medical malpractice and compensation in south africa. In some cases the burden of proof of a particular defence such as insanity may be on the defendant, but then the defence need only be proved on the balance of probabilities,and not beyond a reasonable doubt, as the prosecution must do right to remain silent. A court may only convict the accused if it is convinced beyond reasonable doubt that she. According to the recent osti briefcase, the official communique of osti, mr r the insured was arrested on a suspected murder charge. Search the worlds most comprehensive index of fulltext books. Articles examine relevant court cases, judgments and regulatory developments in financial crimes, violent crimes, property crimes and other statutory offenses. This case proves beyond any reasonable doubt that when judicial officers are presented with. In south africa the application of the law of evidence and the manner in. Beyond a reasonable doubt is a legal standard of proof required to validate a criminal conviction in most adversarial legal systems. A conviction can not possibly be sustained unless the judicial officer entertains a belief in the truth of the criminal complainant, but the fact that such credence is given to the testimony does not mean that conviction must necessarily ensue.
The south african law commission was established by the south african law. Prior to the appellate division judgment handed down in the chretien case south african law relating to the defence of intoxication followed the english specific intent rule. Court the high court in whose jurisdiction the missing person was domiciled. A reasonable man tells the story of a city lawyer who comes across the case of a herdboy from remote, rural zululand, who has killed a one year old baby in the mistaken belief that he was killing an evil spirit, known throughout southern africa as the tikoloshe. These instructions guided the jury when it found petitioner guilty of murder and again at the sentencing hearing when it found beyond a reasonable doubt the existence of two statutory. The appellant stated that both sergeant malatji, who made entries in the cell book regarding visits to the cells on the night.
At the conclusion of all the evidence, the appellant was convicted as. Crucial evidence cassie hardman legal thriller book 1. Degree of proof required to find someone guilty of a crime. Is the burden discharged on the balance of probabilities or upon proof of reasonable probability sufficient to create a reasonable doubt in the mind of the judge. Burden is on the state to prove the guilt of an accused beyond reasonable doubt, no more and no less. This is an advance summary of a forthcoming entry in the encyclopedia of law. Wonderful tale of murder and intrigue in a south nottinghamshire village. In south africa, any person charged with a crime has the right to. Applicable law common law inquests act 58 of 1959 aviation act 74 of 1962. Hoffman feb 23, 2017 for the past several months, book riot has been getting a lot of requests for recommendations for books explaining why our political and legal systems are the way they are. Find a definition of beyond reasonable doubt in the law dictionary. The law recognises that persons suffering from insanity cannot be sanctioned in the same way as.
I am honoured to submit to you in terms of section 71 of the south african law commission act, 1973 act 19 of 1973, for your consideration the commissions report on the application of the bill of rights to criminal procedure, criminal law, the law of evidence and sentencing. This means that the courts must be alive to the danger of relying on the evidence of only. It was the duty of the state to prove its case beyond any reasonable doubt and not for the accused to prove his innocence by coming up with explanations as to why he is an accused. Newman, beyond reasonable doubt, 1993 68 new york university law. On the day in question, some children were outside a. The start of a thrilling new legal series beyond reasonable. Beyond reasonable doubt a paradox of ideological immunity1. If the version of the appellant is reasonably possibly true, he must. The requirement in such a case is, as always, proof of guilt beyond reasonable doubt, and to assist the courts in determining whether the onus is discharged they have developed a rule of practice that requires the evidence of a single witness to be approached with special caution rex v mokoena, 1956 3 sa 81 ad 85, 86. It must be proved, beyond any reasonable doubt, that the accused committed some. Generally a person is not required to answer police questions. The only issue in dispute is whether the state has proved beyond reasonable doubt that she was penetrated, and thus raped, by the accused.
It is trite law that the onus rests on the state to prove the guilt of the accused beyond reasonable doubt. South african law which negates criminal responsibility. If the assessors agree on a fact, and the judge disagrees, the assessors can overrule the judge. Acts of the parliament of south africa sister projects. The civil standard of proof is proof on a balance of probabilities. On a balance of probabilities guilty or not guilty. The presumption of innocence obliges the state to show guilt beyond a reasonable doubt in order for an accused to be convicted. Intoxication as a multiple defence in south african criminal law. It is a higher standard of proof than the balance of probabilities commonly used in civil matters and is usually therefore reserved for criminal matters where what is at stake e.
Academic journal article south african journal of philosophy. This dissertation deals with the constitutionality of the onus of proof in cases. Common law presumption statutory presumption of of death. In south africa, as in most adversarial legal systems, the standard of evidence required to validate a criminal conviction is proof beyond a reasonable doubt. Reasonable doubt is a short novella that needs to be devoured and adored. Check out the new look and enjoy easier access to your favorite features. The reasonable doubt that the law gives the accused is not a weak or a slight doubt, but a strong and wellfounded doubt as to the truth of the charge. The standard of proof in disciplinary proceedings the.
Terrorism act, 1967 wikisource, the free online library. Twentyyear sentence for road killer welcomed justice. Police official must investigate the circumstances of the death and report the matter to the magistrate of the district concerned. Crimen injuria is a crime under south african common law. Ideology criticism, like scepticism, calls into question the objective or justified. Saying something is proven on a balance of probabilities means that it is more likely than not to have occurred. Amongst the litany of fair trial rights that exist in south african criminal and procedural law is the presumption of innocence. The burden of proof on defendants in criminal cases requires clarification because there are. Beyond reasonable doubt australian encyclopedia of law. The prosecution must in most cases prove that the accused is guilty beyond reasonable doubt. Presumption of innocence burden of proof in cases without.
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