Legal news and commentary from the offices of Simon Dippenaar
Can a parent be held criminally liable for their child’s crime in South Africa? Earlier this year, Jennifer and James Crumbley became the first parents in US history to be convicted of involuntary manslaughter for a mass shooting committed by their child. They were each sentenced to 10–15 years in prison, the maximum penalty for […]
What is assault and what should you do if you are assaulted? The very word “assault” understandably sparks fear and alarm in many people. Although assault can be verbal, we most often associate assault with a physical act. In South African law, assault is a criminal offence defined as the unlawful or intentional application of […]
Understanding the subpoena process in South African law Have you been summonsed to appear in court (subpoenaed) and give evidence in a trial? If so, you may be frightened, or at least a bit anxious. As lawyers, we attend court all the time. It’s a familiar environment for us. But we know that for the […]
White collar crime can do as much damage to society as violent crime Commercial crime, also called “white collar crime”, is often called a victimless crime, because it is not perpetrated against an individual. But it is anything but victimless. And with more and more of our lives conducted online, along with the growth in […]
Robbery and burglary are used interchangeably but they have different meanings in law Have you ever had a break-in or home invasion? If so, you’re one of more than 1.1 million households that experienced housebreaking incidents in the 2022/23 period, according to Stats SA. But did you experience a robbery or a burglary? These terms […]
What is a fair sentence? A driving under the influence (DUI) case was recently appealed in the Western Cape High Court, not because the appellant wished to challenge the conviction, but because he felt the sentence was inappropriately severe. It is an interesting case from a legal perspective, because it deals with the nature and […]
Your conviction is not wiped clean yet! What happens to convictions for possession of cannabis, now that the law has changed? Are criminal convictions automatically expunged, because the offence is no longer illegal? Or is a conviction forever based on the law in force at the time the offence was committed? We explain. Decriminalisation for […]
A look at the key messages emerging from this year’s crime statistics Crime stats for South Africa were published last week by SAPS. Overall, reported crime decreased slightly, but violent crime, also referred to as contact crime, including murder, continued its upward trend. The statistics cover the period 1 April to 31 March, 2020, and […]
By Simon David Dippenaar The death of a handcuffed suspect due to a restraint technique employed by a police official in the United States, and subsequent rioting, death and destruction of property, call these crimes into question. Without wading in on the race and political issues, this post simply considers the legality thereof, under the […]
Lockdown has led to high numbers of arrests. Here’s what to do if it happens to you. Locked up during lockdown? Lockdown has brought with it an increased number of arrests and incidents of police brutality. In the first three weeks of level 5 lockdown, more than 100 charges were laid against the police for […]
We came across an interesting case recently where the punishment most definitely did not fit the crime. A petty criminal received an unduly harsh sentence. Furthermore, there were minor children involved who might have been left without their caregiver if the sentence had been carried out. An accused appeared before a magistrates court for the […]
Why bail is not always granted In November 2018, Jason Rohde was convicted of killing his wife Susan and defeating or obstructing the course of justice by covering up her murder to make it look like a suicide. He is currently serving a 20-year sentence. Rohde has now asked the courts to grant bail so […]
