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Browsing Research Outputs (Criminal and Procedural Law) by Issue Date

Browsing Research Outputs (Criminal and Procedural Law) by Issue Date

Now showing items 1-20 of 50

Understanding the need for anti-discrimination legislation in South Africa

Deane, Tameshnie (University of South Africa, 2005)
Justice at a snail’s pace: the implementation of the domestic violence act (Act 116 of 1998) at the Johannesburg family court

Naidoo, Kamban (CRIMSA, 2006)

The article focuses on the implementation of the Domestic Violence Act (Act 116 of 1998) at the Johannesburg Family Court for the period March to December 2004 by examining a sample of case files. The author examines who ...
Die boete as straf in die Duitse reg

Terblanche, SS (Juta, 2008-12)

One of the recommendations in a report by the South African Law Reform Commission on reform of sentencing (2000) was that the method of determination of the amount of fines, as a form of sentence for criminal activities, ...
Formulating specialised legislation to address the growing spectre of cybercrime: a comparative study

Cassim, Fawzia (North-West University, 2009)

The article looks at cyber legislation formulated to address cybercrime in the United States of America, the United Kingdom, Australia, India, the Gulf States and South Africa. There appears to be no precise definition for ...
An historical overview of affirmative action in the United States of America

Deane, Tameshnie (South african Society of Legal Historians, 2009)

In both the United States of America and South Africa, issues of segregation and discrimination are not new. In these matters, both countries have a similar history as both experienced government-sanctioned racial ...
Incorporating Africanness into the legal curricula: The case for criminal and procedural law

Naidoo, Kamban; Mollema, Nina (University of the Free State, 2011)

Criminal and procedural law has recently come under scrutiny and been criticised as being the ‘white-man’s law’. The claim is that this academic discipline of law, as conceptualised and studied thus far, has remained too ...
Child pornography in South Africa

Mollema, Nina; Terblanche SS (2011)
Addressing the growing spectre of cyber crime in Africa : evaluating measures adopted by South Africa and other regional role players

Cassim, Fawzia (The Institute of Foreign and Comparative Law, Unisa, 2011)

Cyber crime is thriving on the African continent. The increase in broadband access has resulted in an increase in internet users. Thus, Africa has become a ‘safe haven’ for online fraudsters. African countries are pre-occupied ...
Understanding the constitution of India and positive discrimination

Deane, Tameshnie (2011)
Sentencing

Terblanche, SS (Juta & Co Ltd, 2011)

The article contains a systematic discussion of all noteworthy judgments dealing with issues related to sentencing. It assesses these judgments against the background of applicable law, and attempts to make a contribution ...
The punishment must fit the crime: Also when the offender has previous convictions?

Terblanche, SS (Juta, 2011)

The extent to which previous convictions should influence the sentence of an offender is unclear and, in South Africa, not based on clear principle. Although most people feel instinctively that an increased sentence is ...
Sentencing murder and the ideal of equality

Terblanche, SS (The Institute of Foreign and Comparative Law, 2011-03-01)

This article compares the legal principles governing the sentencing of murderers in terms of the laws applicable in South Africa, Botswana and Germany. Considerable differences in the typical sentences are noted, ranging ...
Hate Crimes Against Black Lesbian South Africans: Where Race, Sexual Orientation & Gender Collide (Part 2)

Naidoo, Kamban; Karels, Michelle (Faculty of Law, Nelson Mandela Metropolitan University, 2012)

This article, which is the second of a two-part submission, examines the South African legal position pertaining to sexual offences and murder as a continuation of the theme introduced in Part One. The authors then examine ...
Hate Crimes against Black Lesbian South Africans: Where Race, Sexual Orientation & Gender Collide (Part 1)

Naidoo, Kamban; Karels, Michelle (Faculty of Law, Nelson Mandela Metropolitan University, 2012)

This article, which is the first of a two-part submission, examines the phenomenon of gender-based violence against black lesbian South Africans. The course and incidence of gender-based violence against black lesbians ...
Addressing the spectre of cyber terrorism : a comparative perspective

Cassim, Fawzia (North-West University, 2012)
The Consumer Protection Act and the introduction of collective consumer redress through class actions

Sibanda OS; Cassim, Fawzia (2012)
Does the principle of legality require statutory crimes to have specific penalty clauses? A critical analysis of the decisions of the High Court and the Supreme Court of Appeal in DPP, Western Cape v Prins

Jordaan, L; Terblanche, SS (Juta, 2012)

The principle of legality is often expressed in terms of the maxims nullum crimen sine lege (no crime without law) and nulla poena sine lege (no punishment without law). When the Criminal Law (Sexual Offences and Related ...
The Child Justice Act: a detailed consideration of section 68 as a point of departure with respect to the sentencing of young offenders

Terblanche, S.S. (North West University, 2012)

Sentences for young offenders have for many decades been at least somewhat more lenient than those for adults. When called upon to specifically address the issue, our courts have often acknowledged that young offenders ...
Formulating adequate legislation to address cyber-bullying: Has the law kept pace with advancing technology?

Cassim, Fawzia (Juta Law, 2013)

The development of new accessible technologies and the expansion of the Internet have revolutionised communication across the world. Online users rely on the safety and security of the Internet and digital media in their ...
Sentencing in Namibia: The main changes since independence

Terblanche, SS (Juta, 2013)

Until its independence in 1990, Namibia shared the South African criminal justice system. Today, it retains the Criminal Procedure Act 51 of 1977 as main means of regulating the criminal justice system. This Act is ...

Browsing Research Outputs (Criminal and Procedural Law) by Issue Date

Browsing Research Outputs (Criminal and Procedural Law) by Issue Date

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