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Common Law Offences
Common Law Offences

Common law offences still applicable within the South African legal system are defined below.

Abduction
Abduction consists in unlawfully taking a minor out of the control of his or her custodian with the intention of enabling someone to marry or have sexual intercourse with that minor.

Arson
Arson is the unlawful and intentional setting fire to an immovable property belonging to another.

Assault
Assault consists of unlawfully and intentionally

  • applying force to the person of another;
  • inspiring a belief in another person that force is immediately to be applied to him or her;

Assault with intent to cause grievous bodily harm. This is another form of assault, however, committed with the intention to cause serious bodily injury.



Bestiality

Bestiality consists in unlawful intentional sexual intercourse between a human being and an animal.



Bigamy

It consists of unlawfully and intentionally entering into what purports to be a lawful marriage ceremony with one person while lawfully married to another.



Contempt of court

Contempt of court consists in unlawfully and intentionally -

  • violating the dignity, repute or authority of a judicial body or a judicial officer in his/her judicial capacity; or
  • publishing information or comment concerning a pending judicial proceeding which has the tendency to influence the outcome of the proceeding or to interfere with the administration of justice in that proceeding.

Crimen Injuria
Crimen injuria consist of unlawfully and intentionally impairing the dignity or privacy of another person.

Culpable Homicide
Culpable homicide is the unlawful negligent killing of another human being.

Defamation
Defamation consists of the unlawful and intentional publication of matter that impairs another person’s reputation.

Defeating or obstructing the course of justice
The crime of defeating or obstructing the course of justice consists of unlawfully and intentionally engaging in conduct which defeats or obstructs the course or administration of justice.

Exposing an infant
This crime consists of unlawful and intentional exposure and abandonment of an infant in such a place or in such circumstance that its death from exposure is likely to result.

Extortion
It consists of taking from another some patrimonial or non-patrimonial advantage by intentionally and unlawfully subjecting that person to pressure which induces him or her to submit to the taking.

Forgery and uttering
Forgery consists of unlawfully and intentionally making a false document to the actual or potential prejudice of another.

Uttering consists of unlawfully and intentionally passing off a false document (forged) to the actual or potential prejudice of another.

Fraud
It is the unlawful and intentional making of a misrepresentation which causes actual prejudice or which is potentially prejudicial to another.

High treason
It consists of any conduct unlawfully committed by a person owing allegiance to a state with the intention of -

  • overthrowing the government of the Republic;
  • coercing the government by violence into any action or inaction;
  • violating, threatening or endangering the existence, independence or security of the Republic;
  • changing the constitutional structure of the Republic.

Housebreaking with intent to commit a crime
Housebreaking with intent to commit a crime consists of unlawfully and intentionally breaking into and entering a building or structure with the intention of committing some crime in it.

Incest
Incest is unlawful and intentional sexual intercourse between male and female persons who are prohibited from marrying each other because they are related within the prohibited degrees of consanguinity, affinity or adoptive relationship.

Indecent assault
Indecent assault consists of unlawfully and intentionally assaulting, touching or holding another in circumstances in which either the act itself or the intention with which it is committed is indecent.

Kidnapping
This crime consists of unlawfully and intentionally depriving a person of his or her freedom of movement and/or, if such person is a child, the custodians of their control over the child.

Malicious injury to property
It consists of unlawfully and intentionally damaging the property of another.

Murder
Murder is the unlawful and intentional killing of a human being.

Perjury
Perjury consists in the unlawful and intentional making of a false statement in the course of a judicial proceeding by a person who has taken the oath or made an affirmation before, or who has been admonished by somebody competent to administer or accept the oath, affirmation or admonition.

Poisoning or administering poison or other noxious substance
This crime consists of unlawfully and intentionally administering poison or other noxious (harmful) substance to another.

Public indecency
This crime consists of unlawfully, intentionally and publicly engaging in conduct which tends to deprave the morals of others, or which outrages the public’s sense of decency.

Public violence
It consists of the unlawful and intentional commission, together with a number of people, of an act/s which assume serious dimensions and which are intended forcibly to disturb public peace and tranquillity or to invade the rights of others.

Rape
Rape consists of intentional unlawful sexual intercourse with a woman without her consent.

Receiving stolen property
The crime of receiving consists of unlawfully receiving possession of stolen property knowing it to have been stolen.

Rape
Rape consists of intentional unlawful sexual intercourse with a woman without her consent.

Receiving stolen property
The crime of receiving consists of unlawfully receiving possession of stolen property knowing it to have been stolen.

Robbery
It consists of the theft of property by intentionally using violence or threats of violence to induce submission to the taking of it from another.

Sedition
It consists of unlawfully and intentionally -

  • taking part in a concourse of people violently or by threats of violence challenging, defying or resisting the authority of the State; or
  • causing such a concourse.
Theft

It consists of the unlawful appropriation of moveable corporeal property belonging to another with intent to deprive the owner permanently of the property.



Violating a corpse

It consists of unlawfully and intentionally violating a corpse.



Violating a grave

It consists of unlawfully and intentionally damaging a human grave



Sourced From: SAPS.gov

Sourced From:   SAPS.gov


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