If the state proves that a person committed the crime beyond a reasonable doubt, then a judge or magistrate can send that person to prison or give the person a fine. According to the recent osti briefcase, the official communique of osti, mr r the insured was arrested on a suspected murder charge. If reasonable doubt remains, the accused must be acquitted. Amongst the litany of fair trial rights that exist in south african criminal and procedural law is the presumption of innocence. The evidence in a particular case may call for a cautionary approach, but that is a far cry from the application of a general cautionary rule. Burden is on the state to prove the guilt of an accused beyond reasonable doubt, no more and no less. Is the burden discharged on the balance of probabilities or upon proof of reasonable probability sufficient to create a reasonable doubt in the mind of the judge. A conviction can not possibly be sustained unless the judicial officer entertains a belief in the truth of the criminal complainant, but the fact that such credence is given to the testimony does not mean that conviction must necessarily ensue. Beyond reasonable doubt a paradox of ideological immunity1. Terrorism act, 1967 wikisource, the free online library. The standard of proof in disciplinary proceedings the. Crimen injuria is a crime under south african common law. I am honoured to submit to you in terms of section 71 of the south african law commission act, 1973 act 19 of 1973, for your consideration the commissions report on the application of the bill of rights to criminal procedure, criminal law, the law of evidence and sentencing. Presumption of innocence burden of proof in cases without an affirmative defense proof beyond a reasonabl e doubt we now turn to the fundamental principles of our law that apply in all criminal trialsthe presumption of innocence, the burden of proof, and the requirement of proof beyond a reasonable doubt.
In south africa, as in most adversarial legal systems, the standard of evidence required to validate a criminal conviction is proof beyond a reasonable doubt. If, after reading jacques pauws recently published book, the. Strauss, south africa, in international encyclopaedia of laws 4558 herman nys ed. Ideology criticism, like scepticism, calls into question the objective or justified. We have spoken extensively on the changing regulatory environment.
Beyond a reasonable doubt is a legal standard of proof required to validate a criminal conviction in most adversarial legal systems. The standard of evidence in south africa is proof beyond reasonable doubt. Here are definitions of some common law words or terms related to beyond reasonable doubt that may assist you in your viewing of this site. In south africa the application of the law of evidence and the manner in. Intention in south african criminal law is widely defined to include dolus. The requirement in such a case is, as always, proof of guilt beyond reasonable doubt, and to assist the courts in determining whether the onus is discharged they have developed a rule of practice that requires the evidence of a single witness to be approached with special caution rex v mokoena, 1956 3 sa 81 ad 85, 86. On the day in question, some children were outside a hut.
It is a general rule of south african criminal law that an accuseds unlawful conduct and. The required standard of proof beyond reasonable doubt was profoundly dealt with in the case of s v makanyanga 1996 2 zlr 231 when the court observed that. Criminal law amendment act sexual offences and related matters 32 of 2007, namely rape read with the provisions of sections 51 and or 52 and schedule 2 of the criminal law amendment act 105 of 1997, as amended and section 94 of the criminal. Academic journal article south african journal of philosophy. The sources of south african criminal law are to be found in the common law, in case law and in legislation. This case proves beyond any reasonable doubt that when judicial officers are presented with. The duty to prove the guilt ofthe accused beyond a reasonable doubt extends to. But because a person has a right to be innocent until proven guilty, the osti rightly argued that proving guilt on a balance of probabilities and proving guilt beyond reasonable doubt could not be separated in this particular case. No, the constitution does not guarantee a right to be presumed.
The start of a thrilling new legal series beyond reasonable. The npa is a part of south africas criminal justice system. In some cases the burden of proof of a particular defence such as insanity may be on the defendant, but then the defence need only be proved on the balance of probabilities,and not beyond a reasonable doubt, as the prosecution must do right to remain silent. In south africa, any person charged with a crime has the right to. Hope suggests that subsection 1 should read an entry in any book of. This right provides that an accused person is presumed to be innocent until proven guilty. A reasonable man tells the story of a city lawyer who comes across the case of a herdboy from remote, rural zululand, who has killed a one year old baby in the mistaken belief that he was killing an evil spirit, known throughout southern africa as the tikoloshe.
On a balance of probabilities guilty or not guilty. South africa the presumption of innocence is derived from the centuriesold principle of english law. Prior to the appellate division judgment handed down in the chretien case south african law relating to the defence of intoxication followed the english specific intent rule. Wikipedia article, wikidata item the terrorism act no.
Johannesburg the twentyyear sentence for three counts of culpable homicide, reckless driving and driving under the influence handed down by magistrate anand maharaj to mr kriesen moodley in the durban regional court recently is welcomed by justice project south africa. This short capsule explains why the crown has to prove guilt beyond a reasonable doubt, what that term means, and what happens when the accused has a. Crucial evidence cassie hardman legal thriller book 1. The prosecution must in most cases prove that the accused is guilty beyond reasonable doubt. The presumption of innocence obliges the state to show guilt beyond a reasonable doubt in order for an accused to be convicted. On the day in question, some children were outside a. Articles examine relevant court cases, judgments and regulatory developments in financial crimes, violent crimes, property crimes and other statutory offenses. At the conclusion of all the evidence, the appellant was convicted as. Beyond reasonable doubt australian encyclopedia of law.
Criminal law on intoxication as it exists in south africa is a valid legal defense that an accused can use against criminal charges based on mental capacity, conduct and particularly, intention. Guide to being tried for murder in south africa groundup. This means that the courts must be alive to the danger of relying on the evidence of only. Twentyyear sentence for road killer welcomed justice.
Search the worlds most comprehensive index of fulltext books. A court may only convict the accused if it is convinced beyond reasonable doubt that she. This dissertation deals with the constitutionality of the onus of proof in cases. It was also submitted that the appellant was neither pointed out nor identified by the witnesses during the identification parade. Presumption of innocence burden of proof in cases without. Check out the new look and enjoy easier access to your favorite features. Guide to being tried for murder in south africa 16 may 2014 groundup staff palace of justice, pretoria. The only issue in dispute is whether the state has proved beyond reasonable doubt that she was penetrated, and thus raped, by the accused. Reasonable doubt is a short novella that needs to be devoured and adored. Apart from the provisions of the constitution of the republic of south africa, 1996, and the provisions of the common law. Intoxication as a multiple defence in south african criminal law. It is trite law that the onus rests on the state to prove the guilt of the accused beyond reasonable doubt. Find a definition of beyond reasonable doubt in the law dictionary. Wonderful tale of murder and intrigue in a south nottinghamshire village.
The criminal standard is proof beyond a reasonable doubt. Degree of proof required to find someone guilty of a crime. South african law which negates criminal responsibility. Accuracy of speedmeasuring device on roads questioned. The prosecution would still retain the burden of proof to prove the defendants guilt beyond a reasonable doubt, but the burden of production would shift to the defendant to prove by a. These instructions guided the jury when it found petitioner guilty of murder and again at the sentencing hearing when it found beyond a reasonable doubt the existence of two statutory. One of the key directions given to juries in criminal trials across australia is to remind them of the accuseds right to be presumed innocent of the charge, and only to be convicted if the jury has been persuaded beyond a reasonable doubt. Police official must investigate the circumstances of the death and report the matter to the magistrate of the district concerned. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact a judge or a jury. The burden of proof on defendants in criminal cases requires clarification because there are.
According to contemporary south african criminal theory, a person. If the assessors agree on a fact, and the judge disagrees, the assessors can overrule the judge. The chapter critically evaluates the concepts of beyond a reasonable doubt and. The south african law of evidence forms part of the adjectival or procedural law of that country. Nkuna v s a182016 2018 zalmpphc 21 11 may 2018 saflii. Proof beyond reasonable doubt does not mean proof beyond the.
Newman, beyond reasonable doubt, 1993 68 new york university law. It was the duty of the state to prove its case beyond any reasonable doubt and not for the accused to prove his innocence by coming up with explanations as to why he is an accused. It also gave the police the power to detain people indefinitely, incommunicado and without a trial or court appearance. Hoffman feb 23, 2017 for the past several months, book riot has been getting a lot of requests for recommendations for books explaining why our political and legal systems are the way they are. This book has been written by the national prosecuting. The issue of guilt on a balance of probabilities vs guilt beyond reasonable doubt was a key issue. Court the high court in whose jurisdiction the missing person was domiciled. The supreme court of appeal of south africa judgment not. The civil standard of proof is proof on a balance of probabilities.
Intoxication as a multiple defence in south african. Common law presumption statutory presumption of of death. Its about a girl called alyssa and a high profile lawyer who has a penchant for blonde curvy women. It must be proved, beyond any reasonable doubt, that the accused committed some. The south african constitution does not guarantee for anyone the right to be presumed innocent by ordinary citizens until proven guilty in a court of law. Applicable law common law inquests act 58 of 1959 aviation act 74 of 1962. Acts of the parliament of south africa sister projects. The south african law commission was established by the south african law. The law recognises that persons suffering from insanity cannot be sanctioned in the same way as. If the version of the appellant is reasonably possibly true, he must. Generally a person is not required to answer police questions. The reasonable doubt that the law gives the accused is not a weak or a slight doubt, but a strong and wellfounded doubt as to the truth of the charge. It is a higher standard of proof than the balance of probabilities commonly used in civil matters and is usually therefore reserved for criminal matters where what is at stake e.