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Derek William Bentley was a British man who was hanged for the murder of a policeman during a burglary attempt. Christopher Craig, then aged 16, a friend and accomplice of Bentley, was accused of the murder. Bentley was convicted as a party to the crime, by the English law principle of common purpose, "joint enterprise", as the burglary had been committed in mutual understanding. The trial was controversial.
In the English law of homicide, manslaughter is a less serious offence than murder, the differential being between levels of fault based on the mens rea or by reason of a partial defence. In England and Wales, a common practice is to prefer a charge of murder, with the judge or defence able to introduce manslaughter as an option. The jury then decides whether the defendant is guilty or not guilty of either murder or manslaughter. On conviction for manslaughter, sentencing is at the judge's discretion, whereas a sentence of life imprisonment is mandatory on conviction for murder. Manslaughter may be either voluntary or involuntary, depending on whether the accused has the required mens rea for murder.
Premawathi Manamperi was a young woman from Kataragama, Sri Lanka. She was crowned beauty queen in 1970. Police arrested her on suspicion of leading a rebel group that disturbed the country in 1971. Later that year, she was handed over to the army where she was tortured, raped and paraded naked through the streets, and then burnt alive before finally being murdered by a gunshot to her head. Her death is a prominent event in Sri Lankan crime history.
There Was an Old Woman is a novel published in 1943 by Ellery Queen, byname of American writers Manfred B. Lee and Frederic Dannay. It is a mystery novel primarily set in New York City, US.
On May 16, 1918, a plantation owner was murdered, prompting a manhunt which resulted in a series of lynchings in May 1918 in southern Georgia, United States. White people killed at least 13 black people during the next two weeks. Among those killed were Hayes and Mary Turner. Hayes was killed on May 18, and the next day, his pregnant wife Mary was strung up by her feet, doused with gasoline and oil then set on fire. Mary's unborn child was cut from her abdomen and stomped to death. Her body was then repeatedly shot. No one was ever convicted of her lynching.
S v Williams, an important case in South African law, with significant implications specifically for the law of persons and criminal law, was heard in the Appellate Division of the Supreme Court on 19 September 1986, with judgment handed down on 30 September. The bench comprised Chief Justice Rabie and Judges of Appeal Corbett, Hoexter, Botha and Van Heerden, who found that, when a person is kept alive artificially by means of respirator, its eventual disconnection is not in legal terms the act which causes death; it merely constitutes the termination of a fruitless attempt to avert the consequences of the wounding. The causal connection between the wounding and the eventual death exists from beginning to end, in other words; it is not interrupted by the disconnection of the respirator. The court avoided the question of whether or not brain death, in line with medical science, should amount to legal death.
South African criminal law is the body of national law relating to crime in South Africa. In the definition of Van der Walt et al., a crime is "conduct which common or statute law prohibits and expressly or impliedly subjects to punishment remissible by the state alone and which the offender cannot avoid by his own act once he has been convicted." Crime involves the infliction of harm against society. The function or object of criminal law is to provide a social mechanism with which to coerce members of society to abstain from conduct that is harmful to the interests of society.
S v Combrink is an important case in South African law, heard in the Supreme Court of Appeal by Brand JA, Ponnan JA and Shongwe JA on May 25, 2011, with judgment handed down on June 23. BC Bredenkamp SC appeared for the appellant, and JJ Kotze for the State. Its significance lies primarily in the area of punishment and sentencing.
S v Mokgethi en Andere is an important case in South African law, with the court's determination that, in general, a perpetrator's action, which is a sine qua non for the death of the deceased, is too remote from the result to give rise to criminal liability if
- a failure on the part of the deceased to obtain medical or similar advice, to undergo treatment or to follow instructions as to his treatment is the immediate cause of his death;
- the wounding was not in itself lethal or was no longer lethal at the relevant time; and
- such failure was relatively unreasonable: that is, unreasonable also taking into account the characteristics, convictions, etc., of the deceased.
In S v Fernandez, an important case in South African criminal law, heard on February 17, 1966, the court held that the appellant had been negligent in mending a cage from which a baboon had subsequently escaped, which subsequently bit a child, who subsequently died. The appellant must have foreseen the likelihood of an attack in the event of the baboon's escaping; he was, the court held, therefore rightly convicted of culpable homicide. The case was an appeal from a decision in the Transvaal Provincial Division by Galgut J and Clayden J, who had dismissed an appeal from a conviction in a magistrate's court.
R v Patel is an important case in South African criminal law, heard on May 8, 1959. The appellant's attorneys were Levy, Rogaly & Cohen, Pretoria, and S. and v A Rosendorff, Bloemfontein. The Appellate Division ruled that "a person has the same right to use force in the defence of another from a threatened danger, as he would have to defend himself, if he were the person threatened."
In S v Jackson, an important case in South African criminal law, the Appellate Division held that a person is justified in killing in self-defence not only when he fears that his life is in danger but also when he fears grievous bodily harm. PE Linde appeared for the appellant and BG van der Walt, SC, Attorney-General OFS, for the State. The case was heard on March 8, 1963. The appellant's attorney was DA Carroll, Johannesburg.
Peterson v Minister of Safety and Security is an important case in South African criminal law. For the appellant appeared J Whitehead SC, instructed by JL Martinson & Company, Cape Town; for the respondents, A Schippers SC and S O'Brien, instructed by the State Attorney, Cape Town.
Rex v Zikalala is an important case in South African criminal law, heard on February 27, 1953. Zikalala, the appellant, had been charged and convicted of the culpable homicide in causing the death of one Alpheus Tsele. On appeal to the Appellate Division, he successfully argued self-defence.
In S v Prins en 'n Ander, an important case in South African criminal procedure, the two appellants had been charged with both murder and robbery. They had attacked the complainant with a rake and he had died 9 days later from the injuries sustained from the attack. After the assault, they had robbed him.
The appellant in Van Aardt v S, an important case in South African criminal law, had been convicted in the Grahamstown High Court of the murder of a fifteen-year-old youth, following a savage beating administered by the appellant, who suspected the deceased of theft. An appeal to the full bench of the Eastern Cape High Court was unsuccessful, so the matter came on further appeal before the Supreme Court of Appeal. The appellant admitted common assault, but denied that such assault had caused the death of the deceased, or that he bore a legal duty to seek medical intervention for the deceased.
The Port Arthur massacre of 28–29 April 1996 was a mass shooting in which 35 people were killed and 23 others were wounded in Port Arthur, Tasmania. The murderer, Martin Bryant, pleaded guilty and was given 35 life sentences without the possibility of parole. Fundamental changes of gun control laws within Australia followed the incident. The case is the worst massacre in modern Australia committed by a single person.
On 21 March 1985, on the 25th anniversary of the Sharpeville massacre, members of the South African Police opened fire on a crowd of people gathered on Maduna Road between Uitenhage and Langa township in the Eastern Cape, South Africa. The crowd had been attending a funeral of one of the six who had been slain by the apartheid police on 17 March 1985. They had gathered at Maduna Square and were heading towards the house where the funeral was held when the police blocked the road with two armoured vehicles and ordered the crowd to disperse. When the crowd failed to comply immediately, police opened fire on the crowd, killing 35 people and leaving 27 wounded. The incident became known as the Uitenhage/Langa massacre.
The Sahiwal killings refer to the shooting of a couple, their teenage daughter and their neighbour who was driving a Suzuki Alto during an alleged police encounter on 19 January 2019, staged by Punjab Counter Terrorism Department (CTD) on a highway near Sahiwal city of Pakistan.
References
- S v Counter 2003 (1) SACR 143 (SCA)
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