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The Genesis of the Common Purpose Doctrine in South Africa.

Authors :
Hoctor, S.
Source :
Potchefstroom Electronic Law Journal; 2023, Vol. 26, p1-29, 29p
Publication Year :
2023

Abstract

This contribution seeks to assess whether the generally accepted narrative of the emergence of the common purpose doctrine in South African law, as set out in Rabie's analysis of the doctrine, is indeed correct. In particular the following questions are examined: (i) Did the common purpose doctrine derive from English roots? (ii) Were the means of entry into South African law the Native Territories Penal Code? (iii) Did the doctrine indeed emerge in South African case law in 1917, in the Appellate Division case of McKenzie v Van der Merwe? [ABSTRACT FROM AUTHOR]

Subjects

Subjects :
JUDGE-made law
CRIMINAL liability

Details

Language :
English
ISSN :
17273781
Volume :
26
Database :
Complementary Index
Journal :
Potchefstroom Electronic Law Journal
Publication Type :
Academic Journal
Accession number :
174587948
Full Text :
https://doi.org/10.17159/1727-3781/2023/v26i0a16385