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Questions and Answers
What behavior constitutes unlawful inducement of a witness?
What behavior constitutes unlawful inducement of a witness?
Unlawfully inducing or attempting to induce a witness to give false evidence constitutes unlawful inducement.
In the context of obstructing justice, what did the case of Naidoo establish?
In the context of obstructing justice, what did the case of Naidoo establish?
The case of Naidoo established that warning motorists about a speed trap by flashing lights can amount to an attempt to defeat the course of justice.
Can a crime be committed even if there is no pending case? Explain.
Can a crime be committed even if there is no pending case? Explain.
Yes, a crime can be committed without a pending case if there is the possibility of a real court case ensuing.
What was the ruling in Bazzard regarding false reports to the police?
What was the ruling in Bazzard regarding false reports to the police?
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What is the significance of 'course or administration of justice' in the context of these judicial behaviors?
What is the significance of 'course or administration of justice' in the context of these judicial behaviors?
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What distinguishes 'defeating' justice from 'obstructing' justice?
What distinguishes 'defeating' justice from 'obstructing' justice?
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What must be proven for someone to be found guilty of defeating the ends of justice?
What must be proven for someone to be found guilty of defeating the ends of justice?
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How is the crime of defeating or obstructing the course of justice characterized?
How is the crime of defeating or obstructing the course of justice characterized?
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Why might it be difficult to prove a charge of defeating justice?
Why might it be difficult to prove a charge of defeating justice?
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Is defeating or obstructing the course of justice considered two distinct offences?
Is defeating or obstructing the course of justice considered two distinct offences?
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Study Notes
Overview of Defeating or Obstructing the Course of Justice
- Significant crime in South Africa, often overlaps with perjury, contempt of court, fraud, forgery, extortion, and police obstruction.
- Correct designation for this crime is "defeating or obstructing the course of justice."
Definitions and Distinctions
- "Defeating" is a more serious charge than "obstructing."
- Guilt for defeating justice requires proof that justice has been actually defeated, such as wrongful conviction.
- Conduct under this crime can be charged as an attempt to defeat the course of justice.
Examples of Conduct
- Inducing or attempting to induce a witness to provide false testimony.
- Refusing to give evidence in legal proceedings.
- Providing false information to law enforcement.
- Soliciting a complainant to withdraw a charge through unlawful means.
- Pressuring a prosecutor unlawfully not to proceed with a case.
- Attempting to influence judicial proceedings by excluding certain types of evidence.
- Tampering with court documents to manipulate evidence.
Case Law Examples
- Naidoo Case (1977): Warning other motorists of a speed trap constitutes an attempt to defeat justice.
- Perera Case (1978): A motorist is guilty only if aware the approaching vehicle is exceeding speed limits—highlighting the necessity of intention for guilt.
Conditions for the Crime to Occur
- Can be committed even without a pending case, but must involve a potential for a real court case.
- Example case: False complaint at a police station creates a potential charge against an accused, fulfilling the requirements of this crime.
Impact on Justice Process
- The term "course or administration of justice" relates to processes leading to court cases between individuals or between the state and individuals.
- Bazzard Case (1992): A false report of kidnapping did not constitute obstruction of justice as it wasted police time without disrupting legal proceedings or targeting an innocent party.
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Description
This quiz explores the crime of defeating or obstructing the course of justice, a significant concern in South Africa. The content covers its overlap with various offenses such as perjury, fraud, and contempt of court. Test your knowledge on the implications and definitions surrounding this complex legal issue.
