Please upload essays, bibliography, articles, review, summaries, presentations, research papers, thesis proposal, case studies, coursework, creative writing, and any other study resources. International Journal of Arts and Sciences 3 This paper is a result of a critical consideration of the crime of robbery as defined in South African law.
The historical origin and development of the crime was investigated. The development of the crime of robbery in South African law and Schwerer raub strafrecht online dating current law relating to robbery were researched. Sentencing for the crime of robbery in South African law is discussed and relevant aspects relating to criminal procedure were identified.
The constitutionality of the Schwerer raub strafrecht online dating was also analysed. The crime of robbery as defined in the jurisdictions of England, Canada and Germany were subsequently considered on a legal-comparative basis.
The study demonstrates that the crime of robbery still warrants a separate existence in South African law. However, certain problem areas relating to the ambit of the crime are identified. The conclusion reached is that the law relating to robbery is in need of reform.
The crime situation in South Africa today, and the increase in violent crime, including robbery, make the broadening of the ambit of the common-law crime advisable. Various such proposals are made including the introduction of legislation which broadens the ambit of the common-law crime.
A scale on which the various manifestations of the offence are rated Schwerer raub strafrecht online dating to their severity, is suggested to provide guidance to courts when sentencing those found guilty of robbery. In conclusion, draft legislation which delineates the offence in its various manifestations is proposed. Introduction Firstly an evaluation is made of the present legal position regarding the crime of robbery in the South African law. The author also gives attention to the legality and constitutionality of the crime.
The imposition of an appropriate sentence is critically considered. Thereafter the crime of robbery is placed in a legally comparative perspective. Reference is made to the fundamental differences between the South African Schwerer raub strafrecht online dating law approach to the crime of robbery and the approaches in the English, Canadian and German law.
Finally recommendations are made for the revision of the law in South Africa in respect of robbery. It is suggested that concept legislation, which addresses all the facets of robbery, be considered. Although an intensive study of the historic development to the crime was also made in order to reach an informative conclusion, it is not discussed in this paper.
In other "Schwerer raub strafrecht online dating," robbery is Schwerer raub strafrecht online dating theft by violence.
From this study it is clearly evident that this definition of the crime can no longer be regarded as adequate.
There is a need for the development and adaptation of the definition to include, for instance, all forms of violence, even anticipated violence, as well as the use of violence or threats of violence before, during and immediately after the theft. The reason for this assumption is discussed later in more detail. The first question which should really be asked is whether the crime of robbery still justifies its existence in South African law.
Right of existence in South African law The first question, as has already been said, is whether the crime of robbery still has a right to exist in South African law. The English author on law, Ashworth Ashworth,is of opinion that a radical solution, for the confusion which exists as to when robbery has taken place, could be to strike the crime of robbery entirely from the books of law.
Prosecutors will then have the choice only between a crime of theft with or without a charge of one or other crime of violence, such as assault. Another solution suggested by this learned writer, is that the crime of robbery should be subdivided so that the use of minor force or threats of violence be met with a lighter sentence than robbery where serious violence or firearms are used Ashworth, What is of great concern is the indication of a tendency among criminals in South Africa to commit more Schwerer raub strafrecht online dating robbery than common robbery, which is an indication of more violence being used.
In the event of robbery there are various legal interests of the victim that could be affected in some way or another by the perpetrator, namely the rights of a person to property Section 25, Bill of Rightsfreedom and security Section 12human dignity Section 11 and privacy Section It is thus a unique combination of fundamental rights, exclusive to the crime of robbery, which requires protection. In the light of the intention and ethos of the Constitution it can surely be expected of natural persons to respect these fundamental rights of fellow citizens.
Because of the abnormal increase in the occurrence of the crime of robbery in South Africa and the combination of fundamental rights that requires protection, it is concluded that that the crime of robbery still has right to exist in South African law. It is, however, suggested that serious attention be given to the definition of the various forms of robbery.
It will make the duty of the state to protect the fundamental rights of all persons who reside in South Africa, easier to implement. The conclusion is that the crime of robbery does have a right to exist in South African law. This complies generally with the requirements of legality, but can by means of legislation be made less vague to dispel any in this regard.
To date the legality of the crime of robbery has not yet been contested on constitutional grounds. The constitutionality of the crime of robbery In this study an evaluation of the constitutionality of the crime of robbery is made. All these values warrant protection and Schwerer raub strafrecht online dating the existence of the crime of robbery in South African law is justified. With regard to the crime of robbery legal uncertainty exists in respect of the degree of violence that is required to constitute the crime of robbery.
Where the constitutionality of the crime of robbery is challenged the court could consider the following aspects. The court may, possibly, regard the present definition of the crime of robbery as being wide, but then further find that there is no doubt regarding the nature of the actions that constitute robbery. The author is of the opinion that this argument will not be valid. The mere uncertainty as to what degree of force or violence is necessary to constitute the crime of robbery results, especially in the case of theft, in there being doubt concerning the nature of the action which constitutes robbery.
Schwerer raub strafrecht online dating question furthermore arises as to exactly what the unlawful actions of the perpetrator must be to justify punishment as robbery. Should the object be snatched, and the courts decide that this action
Schwerer raub strafrecht online dating is sufficient to constitute robbery this can, in the present culture of crime in South Africa, be considered as a boni mores justification, as the perpetrator anticipates resistance and the victim expects more intense violence.
The unlawful actions to be punished "Schwerer raub strafrecht online dating" violence, slight, and the removal of the object. Should the force which is present with snatch theft not be regarded by the courts as sufficient to constitute the crime of robbery, and the action is to be regarded as theft only, it will be in conflict with the legal conviction and belief of the community.
The unlawful behaviour which is punished will then be the depriving of the object only. The violence which is used will go unpunished.
Should even the slightest degree of violence be sufficient to constitute the crime of robbery, the author is of the opinion that such an approach will not be that unacceptable or distant from the legal convictions "Schwerer raub strafrecht online dating" the average person as to justify a revision of the definition of the crime of robbery.
When there is certainty as to the degree of violence required to constitute the crime of robbery, the inclusion Schwerer raub strafrecht online dating snatch theft, in other words the use of anticipated violence, will be in accordance with the legal convictions and beliefs the community.
The conclusion drawn by the author is thus that the definition of the crime of robbery is regarded as inadequate. Serious attention must be given to the codification of the various forms of the crime of robbery and there should be a specific inclusion of snatch theft as a manifestation of robbery.
There is at least now provision for "Schwerer raub strafrecht online dating" in the imposing of sentences for serious crimes such as murder and robbery with aggravating circumstances. The writer believes that the commission of the crime of robbery, in any form, is serious. In the present culture of crime in South Africa the courts are obliged to take a firm stand against the perpetrators of this crime. There may, however, be circumstances where a lighter punishment may be considered, such as with juvenile offenders.
The possibility may arise that a youthful offender, after serving his sentence, may return to society a more practised and more dangerous criminal than he was before his incarceration. The South African Law Commission makes recommendations that a distinction be made between the different degrees of crime by adapting the sentence accordingly and that sentences should thus be prescribed.
The writer agrees with these suggestions and proposes that they be implemented. It is a step in right direction. The crime of robbery in the comparative law perspective After considering the crime of robbery, as defined respectively in the legal systems of England, Canada and Germany, the following aspects are identified with the intention of reforming the approach to robbery in South African law.
Attention is given to the differences which exist between other legal systems and South African law. It is noted that, in certain respects, there are little or no differences. Firstly the differences regarding the element of conduct is discussed, namely violence, threats of violence, the element of theft and liability for common purpose.
Behaviour which constitutes aggravating circumstances is highlighted. In specific circumstances reference will also be made, from time to time in this discussion, to the element of intention. Secondly the variances in the element of culpability are discussed and, similarly, here and there, overlapping references to the element of conduct are made.
Finally attention is given the treatment of snatch theft as a form of robbery in all the examined legal systems, the recognition of a crime of robbery-like extortion in other legal systems, and their treatment of the crime of attempted robbery. The violence can be directed at any person, but cannot Schwerer raub strafrecht online dating directed at property Herring, It must be used immediately before or during the theft and with the intention of completing the theft Griew, ; Smith, Where the theft is already complete when the force is exerted, there can be no question of an intention to use violence to commit the theft Smith, Regarding aggravated forms of robbery, no specific mention is made in legislation of types of aggravated robbery.
Canada In the case of common robbery, violence can take place after the theft has been committed, but the force must be directed at ensuring that the object is retained, or to overcome or prevent possible resistance to the theft.
The use of violence to escape will not constitute robbery R v Malzfewski, A violent act which takes place after the theft will constitute the crime of robbery only when it occurs immediately after Schwerer raub strafrecht online dating theft. Where a "Schwerer raub strafrecht online dating" of time elapses between the theft and the violent act, the incident will not constitute robbery R "Schwerer raub strafrecht online dating" Daughma, The violence must include more than a mere shove or an unexpected grabbing or snatching, but does not have to be directed at the victim of the robbery.
It may also be Schwerer raub strafrecht online dating at property Section a. In the case Schwerer raub strafrecht online dating aggravated robbery, in the form of wounding or personal violence, the force must accompany, or be employed immediately before, or immediately after, the theft Section a.
The force required to constitute these forms of aggravated robbery, be more than a mere technical assault. The degree of force, envisaged in this case, necessitates that the perpetrator specifically injures, strikes or slaps the victim, or subjects the victim to some form of personal violence Section a. The violence, in this case, must be directed at the victim of the robbery only.
A further form of aggravated robbery is created where the perpetrator commits theft while in possession of a weapon or a replica of a weapon Section d. It is not necessary that the weapon is used during the robbery. The carrying of the weapon must be related to the theft. To obtain a weapon after the commission of the theft, in order to facilitate an escape, will not constitute robbery.
Germany In the case of common robbery, violence includes any Schwerer raub strafrecht online dating physical use of direct or indirect violence, as a physical act of coercion against the Schwerer raub strafrecht online dating to overcome resistance or unexpected opposition Section It is not required that the perpetrator must actually exert force, as long as there is a physical reaction to the act of violence BGH, The violent act must be International Journal of Arts and Sciences 3 The act of violence furthermore take place before or during the theft, but before completion of the theft.
The violence must be directed at making the theft possible, thereby eliminating or preventing possible resistance Heinrich, ; Kindhauser. In the case of armed robbery the minimum requirement is that the weapon must be carried during the theft Section Juni Schriftenreihe Soziale StrafrechtSpflege • reStorative JuStice • Band 1 2 http ://agefashion.info#p 26 ' Mediation bei schweren Straftaten – Auf dem Weg zu einer neuen Rechts kultur?
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To date the legality of the crime of Schwerer raub strafrecht online dating has not yet been contested on constitutional grounds. LexisNexis Butterworths Online.
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