Revisiting the Interpretation of 'Grievous Bodily Harm' for Purposes of Establishing the Offence of Robbery with Aggravating Circumstances – S v Maselani
Journal of Contemporary Roman-Dutch Law, Vol. 77, p. 520-525, 2014
6 Pages Posted: 6 Jan 2015
Date Written: August 5, 2014
Abstract
Within South African criminal law, robbery is a well-established substantive crime manifesting itself frequently on a daily basis. In essence robbery can be defined as theft of property by unlawfully and intentionally using violence to take the property from someone else; or threats of violence to induce the possessor of the property to submit to the taking of the property. Robbery accordingly consists of theft accompanied by an assault or violence. At common law, robbery, or rapina, was acknowledged as an aggravated form of theft and as such constituted theft by means of violence. Today robbery is regarded as a separate crime, distinct from ordinary theft and assault, although the requirements for the latter two offences equally apply to the offence of robbery. As far as sentencing for robbery is concerned, section 51 of the Criminal Law Amendment Act 105 of 1997 provides for certain minimum sentences to apply in cases of robbery where there are aggravating circumstances or in cases involving the taking of a motor vehicle.
Keywords: robbery, aggravating circumstances, violence, theft
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