A Critical discussion of Section 1(1) of the Criminal Law Amendment Act 1 of 1988

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Authors

De Chermont, Charles Roblou Louis

Issue Date

1998-11

Type

Dissertation

Language

en

Keywords

Intoxication , Criminal capacity , Culpability , Mens rea , Specific intent , Versari doctrine , Statutory intoxication , Intention; , Voluntary conduct , Fault , Alcholic substances , Drugs - effect of

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Abstract

A brief analysis of South African Law relating to intoxication as a defence prior to 1988 is given. This is followed by an in-depth discussion and evaluation of the statutory crime created by section 1 (1) of the Criminal Law Amendment Act 1 of 1988. Various points of criticism against the wording of section 1 (1) as well as the problems with regard to its application in practice are set out. In conclusion a draft for a new, more effective wording for section 1 (1) is given

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De Chermont, Charles Roblou Louis (1998) A Critical discussion of Section 1(1) of the Criminal Law Amendment Act 1 of 1988, University of South Africa, Pretoria, <http://hdl.handle.net/10500/17952>

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