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The development of the doctrine of common purpose subsequent to the judgement in S v Safatsa 1988 1 SA 868 (A): with specific reference to the general principles of criminal liability
The doctrine of common purpose, which hails from English law, was introduced into South African law via the Native Territories Penal Code. The first South African criminal case in which this doctrine was applied outside the field of application of the abovementioned act, was Ry Garnsworthy, where it...
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| Format: | Thesis |
| Language: | English |
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Institute of Criminology
2021
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| _version_ | 1867613256350171136 |
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| access_status_str | Open Access |
| author | Combrinck, H |
| author2 | Leeman, I |
| author_browse | Combrinck, H Leeman, I |
| author_facet | Leeman, I Combrinck, H |
| author_sort | Combrinck, H |
| collection | Thesis |
| description | The doctrine of common purpose, which hails from English law, was introduced into South African law via the Native Territories Penal Code. The first South African criminal case in which this doctrine was applied outside the field of application of the abovementioned act, was Ry Garnsworthy, where it was formulated as follows: Where two or more persons combine in an undertaking for an illegal purpose, each one of them is liable for anything done by the other of others of the combination, in the furtherance 'of their object, if what was done was what they knew or ought to have known, would be a probable result of their endeavoring to achieve their object.5 According to Visser and Vorster,6 this doctrine was probably imported into our law due to difficulties experienced in 1 D XLVIII.8.17: 'If a man dies after having been struck in the course of a quarrel, the blows of every one who took part in this should be investigated' - own translation. 2. Section 78 of the Native Territories Penal Code Act 24 of 1886 (C) provided: 'If several persons form a common intention to prosecute any unlawful purpose, and to assist each other therein, each of them is a party to every offence committed by any one of them in the prosecution of such common purpose, the commission of which offence was, or ought to have been, known to be a probable consequence of the prosecution of such common purpose.' (Quoted in Rabie "The doctrine of common purpose" (1971) SALJ 229.) See also R v Taylor 1920 EDL 318 323. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/35358 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:33:15.376Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | Institute of Criminology |
| publisherStr | Institute of Criminology |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/35358 The development of the doctrine of common purpose subsequent to the judgement in S v Safatsa 1988 1 SA 868 (A): with specific reference to the general principles of criminal liability Combrinck, H Leeman, I Criminal liability South Africa The doctrine of common purpose, which hails from English law, was introduced into South African law via the Native Territories Penal Code. The first South African criminal case in which this doctrine was applied outside the field of application of the abovementioned act, was Ry Garnsworthy, where it was formulated as follows: Where two or more persons combine in an undertaking for an illegal purpose, each one of them is liable for anything done by the other of others of the combination, in the furtherance 'of their object, if what was done was what they knew or ought to have known, would be a probable result of their endeavoring to achieve their object.5 According to Visser and Vorster,6 this doctrine was probably imported into our law due to difficulties experienced in 1 D XLVIII.8.17: 'If a man dies after having been struck in the course of a quarrel, the blows of every one who took part in this should be investigated' - own translation. 2. Section 78 of the Native Territories Penal Code Act 24 of 1886 (C) provided: 'If several persons form a common intention to prosecute any unlawful purpose, and to assist each other therein, each of them is a party to every offence committed by any one of them in the prosecution of such common purpose, the commission of which offence was, or ought to have been, known to be a probable consequence of the prosecution of such common purpose.' (Quoted in Rabie "The doctrine of common purpose" (1971) SALJ 229.) See also R v Taylor 1920 EDL 318 323. 2021-11-23T12:47:46Z 2021-11-23T12:47:46Z 1993 2021-11-23T12:47:09Z Master Thesis Masters LLM http://hdl.handle.net/11427/35358 eng application/pdf Institute of Criminology Faculty of Law |
| spellingShingle | Criminal liability South Africa Combrinck, H The development of the doctrine of common purpose subsequent to the judgement in S v Safatsa 1988 1 SA 868 (A): with specific reference to the general principles of criminal liability |
| thesis_degree_str | Master's |
| title | The development of the doctrine of common purpose subsequent to the judgement in S v Safatsa 1988 1 SA 868 (A): with specific reference to the general principles of criminal liability |
| title_full | The development of the doctrine of common purpose subsequent to the judgement in S v Safatsa 1988 1 SA 868 (A): with specific reference to the general principles of criminal liability |
| title_fullStr | The development of the doctrine of common purpose subsequent to the judgement in S v Safatsa 1988 1 SA 868 (A): with specific reference to the general principles of criminal liability |
| title_full_unstemmed | The development of the doctrine of common purpose subsequent to the judgement in S v Safatsa 1988 1 SA 868 (A): with specific reference to the general principles of criminal liability |
| title_short | The development of the doctrine of common purpose subsequent to the judgement in S v Safatsa 1988 1 SA 868 (A): with specific reference to the general principles of criminal liability |
| title_sort | development of the doctrine of common purpose subsequent to the judgement in s v safatsa 1988 1 sa 868 a with specific reference to the general principles of criminal liability |
| topic | Criminal liability South Africa |
| url | http://hdl.handle.net/11427/35358 |
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