Crimes against sexual morality Flashcards
What is the crime of incest?
Persons who may not lawfully marry each other on account of consanguinity, affinity or an adoptive relationship and who unlawfully and intentionally engage in an act of sexual penetration with each other, are, despite their mutual consent to engage in such act, guilty of the offence of incest.
What is the crime of bestiality?
A person (‘A’) who unlawfully and intentionally commits an act- (a) which causes penetration to any extent whatsoever by the genital organs of an animal;
What is the crime of public indecency?
Unlawfully and intentionally and publicly engaging in conduct that tends to deprive the morals of others or which outrages the public sense of decency.
What is the crime of perjury?
the unlawful and intentional making of a false statement under oath, which is administered by a competent commissioner/person, in which that statement is made in the course of a legal proceeding.
The statement can be made express or tacit
What is the suboration of perjury?
Consists of the unlawful and intentional persuading of another to make a false statement during the course of legal proceedings which the statement is then made by the person.
What is the meaning of defeating the ends of justice?
Consists of unlawful and intentional defeating or obstructing the course of justice.
Interfering with the normal judicial process.
How does the viljoen case relate to defeating the ends of justice?
Accused was a police official and he had arrested the complainant in respect of a crime in relation to animals.
On the day of arrest, the accused (police officer) severely injured the complainant and the complainant laid charges of assault against the accused.
The accused then went to assualt the complanaint again and threatened him to withdraw the charges. The complainint did not withdraw the charges.
The accused was charged with obstructing the course of justice and he was found guilty.
The court held that any interference with the normal judicial process will constitute defeating/obstructing the course of justice.
(Case can also constitute as extortion)
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What is the meaning of contempt of court?
the unlawful and intentional violation of the dignity, reputation and authority of a judicial body within their judicial capacity OR the publishing of information concerning a pending judicial proceedings that have the tendency to influence the outcome of the proceedings or interfere with the administration of justice.
What does the Harber case sstte regarding contempt of court?
- H defence was that he did not know that the statements were incorrect and thus had NO intention to commit the crime.
- It was held that negligence is sufficient for the crime of contempt. It was also held that since the press had great influence on the public. There was a heavier burden on the editor to ensure that the information publsihed is correct.
What is contempt of court in facie curae + ex facie curae?
Contempt of court ex facie curiea: Outside the court.
Contempt of court in facie curiae : In the face of the court (inside the court)
What are the facts of the Beyers case regarding contempt of court?
- Facts: There was an interdict that was lodged against B, which prohibited contact between B and employees of a certain mine and workers who fell under a certain union and the premesis of any of their offices.
- He failed to comply with the interdict and was charged with contempt of court, and was found guilty.
What is the meaning of corruption?
- Any person who, directly or indirectly –
- accepts or agrees or offers to accept any gratification from any other person, whether for the benefit of himself or herself or for the benefit of another person; or (passive corruption)gives or agrees or offers to give to any other person any gratification, whether for the benefit of that other person or for the benefit of another person, in order to act, personally or by influencing another person so to act, in a manner – (active corruption)
