The leading, established series published by Juta and entitled South African Criminal Law and Procedure first appeared in 1970. This fourth edition of Volume 1: General Principles of Criminal Law contains a substantially revised text and commentary on the general principles of the South African criminal law, including an audit of the first 16 years of Constitutional Court jurisprudence in this field.

In particular, the fourth edition incorporates critical evaluations of leading judgments on causation (Tembani), provocation/emotional stress (Eadie), common-purpose liability (Thebus) and sentencing (Malgas). New-look sections have been added on the principle of legality (post Masiya); section 49 of the Criminal Procedure Act (including recent proposals for reform of the law relating to the use of force in effecting an arrest or apprehending a fleeing suspect); disciplinary chastisement (especially corporal punishment in the home); corporate criminal liability in modern, comparative context; and voluntary withdrawal from attempt and common purpose.

An examination of some implications of the comprehensive Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007 and a detailed evaluation of the pivotal Child Justice Act of 2008 are additional features of this new edition.


Key Features

• Provides a comprehensive audit of the first fifteen years of Constitutional Court jurisprudence on criminal law.

• Includes critical evaluations of leading Supreme Court of Appeal judgments on causation (Tembani), provocation/emotional stress (Eadie), common-purpose liability (Thebus) and sentencing (Malgas).

• New-look sections on:
  - the principle of legality (post Masiya)
  - section 49 of the Criminal Procedure Act (including recent proposals for reform)
  - disciplinary chastisement
  - corporate criminal liability in comparative context
  - voluntary withdrawal from attempt and common purpose.

• Examines the implications of the pivotal Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007 and the Child Justice Act 2008

• Introduction to criminal justice: Definition, origins and fundamental values of criminal justice

• General principles of criminal liability

• Unlawful conduct

• Defences excluding unlawfulness

• Capacity

• Fault

• Special forms of liability

• Participation in crime

• Incomplete crimes

• Legal practitioners

• Academics

• Law students

• Researchers

• Department of Justice