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- South African Journal of Criminal Justice
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- Volume 23, Issue 2, 2010
South African Journal of Criminal Justice - Volume 23, Issue 2, 2010
Volume 23, Issue 2, 2010
Victims of crime in international law and constitutional law : is the state responsible for establishing restitution and state-funded compensation schemes?Author J.C. Von BondeSource: South African Journal of Criminal Justice 23, pp 183 –211 (2010)More Less
This article investigates the legitimate expectations of victims of crime regarding provision for redress in domestic legal systems and focuses on the relationship between international law and South African constitutional law. The extent to which South African law complies with the expectations of international law in the treatment of victims of crime is considered, as well as South Africa's obligations in this regard. While conclusive evidence is not found that international law places a legally binding obligation on states to institute state-funded victim compensation schemes and efficient restitution provisions, it is found that these matters will have to be addressed if South Africa sees itself as playing an increasingly pivotal role on the international scene, both generally and in the African context.
Source: South African Journal of Criminal Justice 23, pp 212 –223 (2010)More Less
When crime is committed the main focus of the police is to arrest and prosecute the offender/s. The victim, who is the violated party, is excluded from the process and only gets involved when he or she testifies in order to assist the prosecution to obtain a conviction. The victim empowerment centreswere some of the structures that were created to promote the interests ofthe victims and to assist them to overcome the adverse effects of crime. Thisincludes familiarising the victims with the criminal justice system to alleviatethe anxiety of being involved in a system that could be completely foreignto them.
The operation and effectiveness of victim empowerment centres is crucial for the protection and the promotion of the victim's rights in the criminal justice system. Having been established in most police stations throughout the country, it is important to determine their effectiveness. The study used the objectives of the victim empowerment centres that are situated in police stations to determine their effectiveness in dealing with crime victims.
Rape as a materially-defined crime : could 'any act which causes sexual penetration' include omissions?Author Charnelle Van der BijlSource: South African Journal of Criminal Justice 23, pp 224 –238 (2010)More Less
This article examines the new statutory definition of rape as a materially-defined crime. It is hypothesised whether the phrase, 'any act which causes sexual penetration' in the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, could be broad enough to include omissions. The normative foundations of rape will be explored and the legal interests protected by a definition of rape will be identified. The terms 'conduct' and 'condition', which are central to a materially-defined definition, will be examined in juxtaposition to the phrase, 'any act which causes sexual penetration' to establish whether the deliberate infection of another with a life-threatening illness during consensual intercourse, or a failure to report specific cases of rape in prison, could possibly be considered to be forms of conduct which cause the condition of sexual penetration proscribed by the definition of rape.
Author Megan B. RodgersSource: South African Journal of Criminal Justice 23, pp 239 –262 (2010)More Less
Negotiated justice has been introduced formally by statutory amendment and accepted as a facet of criminal procedure in South Africa. It is, however, important to acknowledge that two independent systems of negotiated justice exist in South African criminal procedure, namely, statutory negotiated justice and informal negotiated justice. This article defines and analyses these systems, and demonstrates the manner in which they co-exist. Since the practice does not enjoy undivided academic support, the views of supporters and detractors of the practice are also considered.
The right of an accused to access to evidence in the possession of the state before trial : a discussion of S v Rowand 2009 (2) SACR 450 (W) : commentsSource: South African Journal of Criminal Justice 23, pp 263 –268 (2010)More Less
In the case of S v Rowand 2009 (2) SACR 450 (W) the court dealt with the right of an accused to full access to the documents in the possession of the prosecutor / State before the trial. The novel point of law in this case was whether the accused had the right of access to information and documents in the possession of the State, and pertaining to the case, but not included in the police docket. The well-known cases of S v Shabalala 1995 (2) SACR 761 (CC) and S v Botha 1994 (2) SACR 541 (W) deal only with witness statements contained within the docket.
Author Louise JordaanSource: South African Journal of Criminal Justice 23, pp 269 –277 (2010)More Less
Author Managay ReddiSource: South African Journal of Criminal Justice 23, pp 277 –288 (2010)More Less
The powers given to a court of appeal are contained in the provisions of s 309(3) read with s 304(2) of the Criminal Procedure Act 51 of 1977. In terms of these provisions, typically, only facts known to the court at the time of sentencing should be taken into account when deciding an appeal against the sentence imposed. Prior to the promulgation of the Criminal Procedure Act 51 of 1977 this imperative was also reflected in the decisions of the Appellate Division in R v Verster 1952 (2) SA 231 (A); R v Hobson 1953 (4) SA 464 (A) and Goodrich v Botha and Others 1954 (2) SA 540 (A) (at 546A-D).
Source: South African Journal of Criminal Justice 23, pp 289 –298 (2010)More Less
New evidence on appeal
In S v Janssen 2010 (1) SACR 237 (ECG) the appellant, a bookkeeper, was convicted and sentenced in the magistrate's court. She appealed against her sentence, and at the hearing of the appeal she applied for the court to receive new evidence and to consider it as part of the evidentiary material in determining the appeal. The new evidence was in the form of averments contained in affidavits and annexed to the founding affidavit of her attorney.
Author Warren FreedmanSource: South African Journal of Criminal Justice 23, pp 299 –317 (2010)More Less
The rights of a child - the right to testify through an intermediary
The rights of the child - the right to testify in camera; the duty to give reasons for refusing to use CCTV; and the duty to give reasons for refusing to appoint an intermediary
Constitutional issues - when may a court raise a constitutional issue of its own accord
Right to a fair trial - the right to choose a legal representative
Author Max Du PlessisSource: South African Journal of Criminal Justice 23, pp 317 –325 (2010)More Less
The world's first permanent international criminal court (the International Criminal Court or ICC), whilst seated in The Hague, has thus far demonstrated a deep investment in Africa. Still in its infancy, the ICC's first cases are all on the continent. Three countries in the Great Lakes region of Africa (the Central African Republic, the Democratic Republic of Congo, and Uganda) were the first to refer 'situations' in their respective territories to the ICC Prosecutor for investigations and possible prosecutions. Cote d'Ivoire, in West Africa, subsequently made history by becoming the first non-party to lodge a declaration accepting the ICC's jurisdiction.