1887

oa Fundamina : A Journal of Legal History - Criminalisation of damage to property by South African Law crimes - research

Volume 25 Number 2
  • ISSN : 1021-545X
  • E-ISSN: 2411-7870

 

Abstract

This contribution examines the common-law crimes of malicious injury to property and arson. The current definitions of the crimes are set out, before the historical development of each crime is critically evaluated. In the concluding part, the nature and structure of the crimes are explored in the context of the rationales underpinning the crimes. It is submitted that despite the expansion of the crime of arson through case law not being in accordance with the purpose of the crime, the current definition of this crime has been settled. It is, however, contended that the wider definition of malicious injury to property, flowing from certain cases and academic interpretation, is not similarly entrenched in South African law and that any similar extension to the ambit of this crime therefore should not form part of the current definition.

Loading full text...

Full text loading...

Loading

Article metrics loading...

/content/journal/10520/EJC-1c6eeb8c89
2019-11-30
2020-09-30

This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error