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The courts have been reluctant to reduce the enquiry to a simple, mechanistic one. under seven years of age is irrebutably presumed to lack criminal capacity, being, of seven to fourteen years of age is rebuttably presumed to lack criminal capacity; and. As the SCA decided, in S v Lungile,[155] "A person who voluntarily joins a criminal gang or group and participates in the execution of a criminal offence cannot successfully raise the defence of compulsion when, in the course of such execution, he is ordered by one of the members of the gang to do an act in furtherance of such execution. Having thus proved that the delay was a conditio sine qua non of her husband's demise, the widow was found to be entitled to damages. The legislature addressed the issue with the Criminal Matters Amendment Act,[242] giving the court a discretion, if "it considers it to be necessary in the public interest," in cases involving serious crimes, to order either detention in an institution, or release, conditional or unconditional. "[253] In 1982, the Minister of Justice requested the Law Commission to consider the matter. "In case law the phrase 'some risk to life' has often been held to refer to the possibility (and not the probability) that death may result" (Loubser and Rabie "Defining dolus eventualis" 416). See also, however, the definition supplied by Burchell 2004, p. 923. nullum crimen, nulla poena sine praevia lege poenali, Carmichele v Minister of Safety & Security, Minister of Safety & Security v Van Duivenboden, Van Eeden v Minister of Safety and Security, Ex parte die Minister van Justisie: In re S v Grotjohn, Ex parte Die Minister van Justisie: in re S v Van Wyk, Vienna Convention on Diplomatic Relations, Ex parte Minister of Safety & Security: In re S v Walters, Christian Education v Minister of Education, Booysen Commission of Enquiry into the Continued Inclusion of Psychopathy as Certifiable Mental Illness and the Dealing with Psychopathic and Other Violent Offenders, Learn how and when to remove this template message, Bratty v Attorney-General for Northern Ireland, Carmichele v Minister of Safety and Security and Another (Centre for Applied Legal Studies Intervening), Christian Education South Africa v Minister of Education, Ex parte Minister of Safetyand Security: In re S v Walters, Govender v Minister of Safety and Security, Minister of Safety and Security v Hamilton, Minister of Safety and Security v Van Duivenboden, Peterson v Minister of Safety and Security, R v Pretoria Timber Co (Pty) Ltd and Another, S v Engeldoe's Taxi Service (Pty) Ltd and Another, Van Eeden v Minister of Safety and Security (Women's Legal Centre Trust, as Amicus Curiae), Weber v Santam Versekeringsmaatskappy Bpk, https://en.wikipedia.org/w/index.php?title=South_African_criminal_law&oldid=983135046, Articles that may be too long from May 2020, Articles with unsourced statements from December 2013, Cleanup tagged articles with a reason field from May 2020, Wikipedia pages needing cleanup from May 2020, Creative Commons Attribution-ShareAlike License, an examination of the general principles of liability (applicable to crimes generally); and, an examination of the definitions and particular requirements of the various individual crimes or "specific offences.".

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