Legal Principles in Bigamy and Incest Cases

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Questions and Answers

What can the accused be found guilty of if the evidence does not support a charge of breaking and entering, but proves the intent to commit a specific offence?

Only a minor traffic violation

The specific offence intended to be committed (correct)

The same charge of breaking and entering

A different offence supporting the unspecific intent

If a charge alleges property was stolen on one occasion but evidence shows it was stolen on different occasions, what can be done regarding the conviction?

The accused must be acquitted due to the discrepancy

The evidence must be dismissed if it does not match the charge

Only the latest occasion can be prosecuted

The accused can be convicted for theft as if it were on the single occasion alleged (correct)

In relation to theft, under what circumstance does Section 264(1) become applicable?

When theft is proven but the specific method is unclear

When theft is not recognized as a crime

If evidence does not support the charge of theft (correct)

Once the accused pleads guilty to a lesser charge

What might a person assisting in a theft be charged with if they were aware of the crime?

Theft as a principal offender Signup and view all the answers

Which of the following can be charged if the evidence for receiving stolen property does not prove that specific offence?

A related offence under General Law Amendment Act Signup and view all the answers

What is necessary for evidence of a previous conviction to be admissible under section 241?

The property must have been proven to be stolen. Signup and view all the answers

How does section 241 differ from section 240 regarding previous convictions?

Section 240 does not need a notice to be given to the accused. Signup and view all the answers

What is the time frame for previous convictions to be considered under section 241?

Five years before the charge. Signup and view all the answers

Under which circumstances can evidence of a previous conviction be introduced in proceedings?

If the conviction involved fraud or dishonesty within five years. Signup and view all the answers

What type of prior conviction can be introduced as evidence under section 241?

An offence involving fraud or dishonesty. Signup and view all the answers

What is one thing that section 241 does not apply to?

Receiving stolen property without knowledge. Signup and view all the answers

Which condition is specific to section 241 regarding the evidence of previous convictions?

The property in question must be found in the accused's possession. Signup and view all the answers

In how many days must notice be given to the accused if the prosecution intends to use evidence of previous convictions?

Three days prior. Signup and view all the answers

What is necessary to establish the accused's relationship to the victim in an incest charge?

Establishing that the accused is reputed to be a lineal ascendant or descendant or sibling Signup and view all the answers

What is the presumption regarding the accused's knowledge of their relationship during an alleged incest offense?

The accused is presumed to have knowledge of the relationship unless proven otherwise Signup and view all the answers

Which of the following accurately describes a condition for convicting someone of incest?

Intent must be established through the accused's awareness of their relationship Signup and view all the answers

Which of the following statements is true about the degrees of consanguinity relevant to incest charges?

Both ascendants and descendants in a direct line are considered prohibited degrees Signup and view all the answers

Which relationships are classified as prohibited degrees of affinity in the context of incest?

Ascendants and descendants by marriage Signup and view all the answers

Under what provision can lawful marriage be proved relevant to incest charges?

In accordance with section 237 for lawful and binding marriages Signup and view all the answers

What is a requirement for someone to be classified as an accomplice in an incest case?

Both parties must be aware of the incestuous relationship Signup and view all the answers

Which statement about the amendment of Section 238 is correct?

It now includes that incest can be committed against males Signup and view all the answers

What must be produced to establish a prima facie case of lawful marriage in a bigamy charge within the Republic?

An extract from the marriage register with proper certification Signup and view all the answers

What kind of document is required if the alleged bigamous marriage was solemnized outside the Republic?

An authenticated extract from a marriage register according to local law Signup and view all the answers

What does the prima facie proof consist of when proving the existence of a lawful marriage prior to the alleged bigamous marriage?

Cohabitation, treatment as a spouse, and marriage ceremony evidence Signup and view all the answers

Which presumption places the onus on the accused in a bigamy charge?

The presumption supporting the existence of a lawful marriage Signup and view all the answers

What does the term 'debt bondage' refer to in the context of trafficking in persons legislation?

A form of compelled work linked to a debt obligation Signup and view all the answers

What type of evidence can reinforce the existence of a lawful marriage during bigamy proceedings?

Evidence of cohabitation with acknowledgment of spousal relationship Signup and view all the answers

What specifically must the signature of the person providing the marriage extract outside the Republic be subjected to?

Authentication according to the Republic's law governing document execution Signup and view all the answers

Which act governs the sexual offences related to trafficking in persons?

Criminal Law (Sexual Offences and Related Matters) Amendment Act Signup and view all the answers

Which of the following does NOT constitute evidence of cohabitation with the alleged lawful spouse?

Occasional visits to each other’s homes Signup and view all the answers

In which case would a person NOT be charged with trafficking in persons under the provided laws?

Legally employing unregistered individuals Signup and view all the answers

What is the effect of the charge of bigamy on the responsibilities of the prosecution?

To establish the presumption of a prior lawful marriage Signup and view all the answers

What might be a consequence of possessing false documents related to trafficking?

Involvement in the offence as provided in the trafficking act Signup and view all the answers

Under which act is employing a child explicitly prohibited in relation to trafficking?

Basic Conditions of Employment Act Signup and view all the answers

Which of the following actions is likely to implicate someone's involvement in trafficking?

Transacting with unaccompanied minors Signup and view all the answers

What constitutes compelled sexual assault as per the legislative acts?

Forcing a person to participate in sexual acts without consent Signup and view all the answers

What could be a legal repercussion of helping someone to illegally cross borders as it relates to trafficking?

Possibility of charges under the Immigration Act Signup and view all the answers

What is a key aspect of compelled self-sexual assault as legislated?

Being coerced into sexual acts with oneself Signup and view all the answers

Which section addresses the issue of transporting victims of trafficking?

Section 9(1) of the Prevention and Combating of Trafficking in Persons Act Signup and view all the answers

Study Notes

Presumptions in Bigamy Cases

In bigamy cases, there are presumptions that assist the prosecution.
If a marriage certificate is presented, it is presumed to be valid, unless the accused proves otherwise. This applies to marriages both inside and outside South Africa.
If the accused was cohabiting, recognized their partner as a spouse, and a marriage ceremony was performed, it is prima facie evidence that there was a valid marriage.

Presumption of Knowledge in Incest Cases

In incest cases, it is presumed that the accused was aware of the relationship between them and the victim. This presumption can be rebutted by the accused.
Incest is sexual intercourse between individuals prohibited from marrying due to their relationship.
Prohibited degrees of consanguinity include ascendants and descendants, and collaterals related to a common ancestor in the first degree of descent.
Prohibited degrees of affinity include relations by marriage in the ascending and descending lines.

Evidence of Previous Convictions in Receiving Stolen Property Cases

When an individual is charged with receiving stolen property, evidence of a previous conviction of fraud or dishonesty within the past five years is admissible. This evidence can be used to prove that the accused knew the property was stolen; however, the prosecution must give at least three days' notice.
The evidence of a previous conviction must be presented in a magistrate's court.

Alternative Charges in Trafficking in Persons Cases

If the evidence does not prove trafficking in persons, the accused may be found guilty of other offenses related to the act of trafficking, such as assault, rape, debt bondage, or illegal immigration.
This section lists various offenses that might be considered as alternatives to trafficking in persons, including specific sections within relevant acts.

Alternative Charges in Breaking and Entering Cases

If the evidence does not prove breaking and entering, the accused may be found guilty of breaking and entering with intent to commit a specific offense instead of an unknown offense.

Alternative Charges in Theft Cases

If the evidence does not prove theft, the accused may be found guilty of offenses like receiving stolen property or offenses found in specific Acts.
Theft is a continuing offense, and an individual assisting a thief may also be found guilty.

Alternative Charges in Receiving Stolen Property Cases

If the evidence does not prove the receiving of stolen property, the accused may be found guilty of theft or other offenses found in specific Acts.

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Description

Explore the presumptions that play a crucial role in bigamy and incest cases within South African law. This quiz covers how valid marriage certificates are treated in prosecutions of bigamy and the presumption of knowledge in incest cases. Test your understanding of these legal concepts and their implications.