Criminal Law in South Africa

Second Edition

Robin Palmer, Dumile Baqwa, Christopher Gevers, Brian Leslie, Anton Steynberg, Shelley Walker, and Gerhard Kemp

The text introduces several new statutory offences, for instance the criminal provisions of the Companies Act 71 of 2008, and treaty-based crimes such as terrorism, torture, and human trafficking.
To support coherent understanding, a new chapter offers a broad outline of the South African criminal procedure system.
To provide broad and comprehensive discussion of the subject matter, the text critically considers: the import of the Bill of Rights (such as the euthanasia debate, balanced with context relating to crimes against human life); comparative perspectives (for example, different approaches to corporate criminal liability); international law (notably, the application of international criminal law by South African courts).
The text uses numerous case illustrations to clarify criminal law principles and to support an applied understanding of the theory.
Discussion points, relating to moot and contentious issues, inspire formative debate and analysis, and develop essential skills in critical and reflective analysis.
An annexure which demonstrates a methodology for solving problems in criminal law assists readers to apply principles for solving legal problems.
The text is supported by a full glossary of relevant terms. This valuable tool assists language development, and builds knowledge and precise understanding of technical legal terminology and concepts.

New to this Edition:

Text is generally updated to address various legal developments.
New content: Brief outline of the procedural conduct of a trial (new chapter). Protection of Personal Information Act of 2013 (new section). New statutory offences: Human Trafficking (brief discussion in 1/e) Prevention of Torture (brief discussion in 1/e) Possession of Dangerous Weapons. Cybercrime: discussion of the implications integrated within relevant specific offences.
Expanded discussion: Dolus eventualis: updated to reflect recent development and new cases in this area (S v Humphries). Includes a discussion box about the Oscar Pistorius murder case. - Terrorism - Kidnapping - Extortion - Housebreaking - Termination of pregnancy (technical complexities in the legislation make this area confusing)
Discussion boxes: Additional, new discussion boxes added.
Ancillary material enhanced: - Question bank expanded with additional problem questions NEW: A step-by-step guide to problem-solving skills development, for students.
Glossary: revised and expanded.

Criminal Law in South Africa

Second Edition

Robin Palmer, Dumile Baqwa, Christopher Gevers, Brian Leslie, Anton Steynberg, Shelley Walker, and Gerhard Kemp

Description

Criminal Law in South Africa, second edition, offers a clear, comprehensive and practical explanation of the principles of criminal law in South Africa. The text addresses the general principles of criminal law, as well as the elements of specific common law crimes and statutory offences. Legal theory is presented in light of the influence of the Bill of Rights, comparative perspectives, and international law. Designed to support understanding, the text succinctly explains criminal law principles with numerous case illustrations. It balances rigorous theoretical content with a practical approach which emphasises the application of legal principles. This approach is supported by an annexure which demonstrates a methodology for solving problems in criminal law. A wealth of discussion points provides formative debate and analysis of moot and contentious issues. Criminal Law in South Africa, second edition, is fully updated to reflect recent legal developments and issues. It introduces several new offences, such as the criminal provisions of the Companies Act 71 of 2008, and treaty-based crimes such as terrorism, torture, and human trafficking. To support coherent understanding, a new chapter provides a broad outline of the South African criminal procedure system. The text is suited as core course material for students who are studying criminal law as a module of the LLB degree programme. Additional educational resources support teaching and learning, assisting students to develop the academic skills required to master their studies.

Criminal Law in South Africa

Second Edition

Robin Palmer, Dumile Baqwa, Christopher Gevers, Brian Leslie, Anton Steynberg, Shelley Walker, and Gerhard Kemp

Part 1 - General introduction
Chapter 1 - Introduction to criminal law
Part 2 - General principles of criminal law
Chapter 2 - Unlawful conduct
Chapter 3 - Acts and omissions
Chapter 4 - Unlawful states of affairs
Chapter 5 - Causation
Chapter 6 - Private defence
Chapter 7 - Necessity and impossibility
Chapter 8 - Obedience to superior orders
Chapter 9 - Public authority
Chapter 10 - Lawful chastisement
Chapter 11 - Consent
Chapter 12 - De minimis non curat lex
Chapter 13 - Criminal capacity
Chapter 14 - Pathological incapacity
Chapter 15 - Youth
Chapter 16 - Intoxication
Chapter 17 - Non-pathological criminal incapacity
Chapter 18 - Intention
Chapter 19 - Negligence
Chapter 20 - The contemporaneity rule
Chapter 21 - Fault in statutory offences, and strict and vicarious liability
Chapter 22 - Corporate criminal liability
Chapter 23 - Defences excluding fault
Chapter 24 - Participants in crime
Chapter 25 - Incomplete crimes
Part 3 - Crimes against human life, the person, and the family
Chapter 26 - Crimes against human life and the person
Chapter 27 - Sexual crimes
Chapter 28 - Bigamy
Chapter 29 - Abduction
Chapter 30 - Theft
Chapter 31 - Robbery
Chapter 32 - Housebreaking
Chapter 33 - Malicious damage to property and arson
Chapter 34 - Fraud
Chapter 35 - Corruption
Chapter 36 - Terrorism
Chapter 37 - Public violence
Chapter 38 - Crimes against public morals
Chapter 39 - Drug offences
Chapter 40 - Road traffic offences
Chapter 41 - Extortion
Chapter 42 - Crimes against the state
Chapter 43 - Crimes against the administration of justice
Chapter 44 - Organised crime and money laundering
Chapter 45 - Crimes under the Companies Act 71 of 2008
Part 4 - International criminal law
Chapter 46 - Introduction to international criminal law
Chapter 47 - The core international crimes
Chapter 48 - The prosecution of international crimes