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Defeating or Obstructing

Defeating or obstructing the course of justice consists of unlawfully engaging in conduct intended to defeat or obstruct the due administration of justice. The crime is derived from Roman and Roman-Dutch law and originally applied only when judicial proceedings were obstructed. South African courts have since expanded the definition. The elements are: 1) unlawful conduct, 2) that defeats or obstructs, 3) the administration of justice, 4) with the intent to do so. Attempts to obstruct justice can also constitute the crime. The conduct must be aimed at obstructing the course or administration of justice, but motive is irrelevant.

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971 views7 pages

Defeating or Obstructing

Defeating or obstructing the course of justice consists of unlawfully engaging in conduct intended to defeat or obstruct the due administration of justice. The crime is derived from Roman and Roman-Dutch law and originally applied only when judicial proceedings were obstructed. South African courts have since expanded the definition. The elements are: 1) unlawful conduct, 2) that defeats or obstructs, 3) the administration of justice, 4) with the intent to do so. Attempts to obstruct justice can also constitute the crime. The conduct must be aimed at obstructing the course or administration of justice, but motive is irrelevant.

Uploaded by

Rodney Ulyate
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd

DEFEATING or OBSTRUCTING THE COURSE OF JUSTICE

Definition
Defeating or obstructing the course of justice consists in unlawfully doing an act which is intended to defeat or obstruct and which does defeat or obstruct the due administration of justice Burchell Principles of Criminal Law 3rd ed (2005) at 939

Origins
Definition derived from Roman & RomanDutch Law crime committed only where judicial proceedings relating to administration of justice are defeated or obstructed. SA courts have extended definition. Nullum crimen sine lege principle (no crime without a law).

Elements
1. 2. 3. 4. Unlawful Defeating or Obstructing (Conduct) Administration of Justice Intention

Elements of the crime:


1.Unlawfully

2.Defeating or Obstructing (conduct)


S v Binta 1993 (2) SACR 553 (C) Attempt

Attempt
S v Cassimjee 1989 (3) SA 729 (N) Clarke: Attempting to Defeat the Ends of Justice (S v Mene & another 1988 (3) Sa 641 (A)).

Elements (cont.)
3.the Course or Administration of Justice
S v Bazzard 1992 (1) SACR 302 (NC) CR Snyman Laying a False Criminal Charge (S v Sauerman 1978 (3) SA 761 (AD).

4. Intentionally: Motive irrelevant

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