Poisoning or administering poison or other noxious substance. We believe in having close and transparent relationships with our client’s from the outset to final closure of a matter. 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. 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. Luckily for her, she was helped by a security officer who was close to where she was assaulted. 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. Usually it's charged together with battery, which means you did hit somebody. The material on this website is not intended to be nor should it be relied on as a substitute for legal or other professional advice. inspiring a belief in another person that force is immediately to be applied to him or her; violating the dignity, repute or authority of a judicial body or a judicial officer in his/her judicial capacity; or. You see, our legal system does not differentiate between assault and battery, and only imposes a fine for common assault. It consists of unlawfully and intentionally entering into what purports to be a lawful marriage ceremony with one person while lawfully married to another. Aside from drug-related crimes and unspecified types of theft, the most common type of crime in South Africa is house break-ins, where 625 happen every day on average. common assault but proves sexual assault or compelled sexual or self-sexual assault or pointing a firearm, air-gun or air-pistol, a conviction may follow on those competent verdicts. Forgery consists of unlawfully and intentionally making a false document to the actual or potential prejudice of another. We believe that by utilising and maximising the innovative systems currently in place at Anthony Wilton, Thinane Inc we are able to create workable solutions for all our client’s needs and requirements. Only when a person is charged with the intent to cause grievous bodily harm, will they face prison time. The South African legal system has an interesting definition when it comes to the elements of common assault in South Africa. Call 072 604 5324 All hours for our expert assistance with your assault case. What exactly is assault? Copyright @2014 South African Police Service (SAPS) There is a clear distinction in criminal law between common assault and assault GBH. Common assault is … Again, seek medical assistance immediately, do not change clothes, wash, clean wounds etc. How rape became South Africa's enduring nightmare This article is more than 5 years old New crime statistics show a slight drop in sexual offences but experts say … We are criminal lawyers in Cape Town. 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. A person charged with a first offence is likely to receive a fine rather than a custodial sentence. 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. Workplace violence is any form of physical assault, threatening behaviour or verbal abuse occurring in the work setting. Lawyers-online.co.za does not guarantee, and accepts no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of any material contained on this website. Generally, the maximum penalty for common assault is 18 months imprisonment and an $18,000 fine, however, circumstances of aggravation increase the maximum penalty to … Privacy Policy | 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. A new report compiled by Stats SA shows all the data surrounding crimes of assault in South Africa, revealing where the crimes took place – and the reasons behind them. The short story is that I entered the business premises of the man that laid the charge against me. Therefore in order to accurately determine the elements of common assault in South Africa, you would have to conduct a detailed study of the case law that applies. It consists of unlawfully and intentionally violating a corpse. Use this form to request a call back or an email within 1 working hour from our office. Should you have a query regarding common assault and the law regarding this crime, do not hesitate to make use of our services. Murder is the unlawful and intentional killing of a human being. According to the police the assault … South African law does not draw the distinction between assault and battery. 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. 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. The accused is sentenced to a fine of R2000.00 (two thousand rand) or six months imprisonment, half of which sentence is suspended for a period of five (5) years on condition that the accused is not convicted of assault, committed during the period of suspension; The Discussion Paper notes that there are divergent opinions on the definition of indecent assault. Rape consists of intentional unlawful sexual intercourse with a woman without her consent. In 2021, Anthony Wilton Inc entered a commercial agreement with SA Online (division lawyers-online.co.za started by Jean-Pierre Murray-Kline) as their primary service provider. 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