Murder is the intentional unlawful killing of another human being. Culpable homicide is the negligent unlawful killing of another human being. You are entitled (justified) in law to intentionally lawfully (such as, in self-defence) kill another human being. There is no criminal liability for doing so. Whether you are under attack and entitled to act […]
Archive for the ‘Uncategorized’ Category
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Can “new” bad character evidence be produced in response to an accused who testifies to his good character?
Posted: 9th April 2014 by James Grant in UncategorizedComments Off on Can “new” bad character evidence be produced in response to an accused who testifies to his good character?
Adv Roux is right that s 197 of the Criminal Procedure Act only allows the prosecution to cross-examine the accused as to his bad character if the accused testifies as to his good character. This is the statutory position – but it is not exhaustive of the law on the issue. At common law (the […]
The Perplexing Problem of Proof*
Posted: 8th April 2014 by James Grant in UncategorizedTags: evidence, murder, Pistorius, proof beyond a reasonable doubt
If, on a charge of murder, an accused claims to have been mistaken as to whether he was under attack – that he thought the person he shot and killed (who it transpires was his girlfriend) was imminently about to attack him, the veracity of this claim would seem to be undermined by evidence that […]