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my blog post

30 July 2019 21:34 by Mark Dodd

10 September 2021 16:05 by Merilyn Kader

In S v Makayi [2021] 2 All SA 907 (ECB), charges must adequately reflect the nature, extent and seriousness of the criminal conduct, enable the case to be presented in a clear and simple way, and provide the court with an appropriate basis for the sentence requested.

Credibility and reliability of witness

13 April 2021 00:00 by Merilyn Kader

In Doorewaard and Another v S [2021] 1 All SA 311 (SCA): Appeal dealing with the death of a 15-year-old boy (the deceased). The state and the defence presented mutually destructive versions of the circumstances surrounding the boy’s death.

Malicious communications

03 December 2021 12:00 by John de Villiers

With the commencement of the Cybercrimes Act on the 1st of December, it is now a crime to send WhatsApp and other messages, and to create social media posts that threaten to harm others, or which result in violence or damage to property.

Incitement to commit public violence

06 October 2021 12:00 by John de Villiers

A particular aspect of the offence of incitement to commit public violence, considering the tragic consequences, is that the accused’s actual intention is irrelevant.

A Humanist Development Strategy

27 August 2021 12:00 by John de Villiers

The criminal justice system and crime prevention strategies must take note of the contribution that the sociology of law can make in developing a “humane” criminal justice system to effectively contribute towards crime prevention.

Admissibility of evidence found unlawfully

13 April 2021 00:00 by Merilyn Kader

In Ndlovu and Others v S [2021] 1 All SA 538 (ECG) whether the trial court, acting in terms of s 35(5) of the Constitution, correctly allowed physical evidence found as a result of the unlawful search of a premises to become part of the evidential material placed before it by the state.