Law / In this essay I consider whether or not there is a need for the creation of the crime of
negligent assault. I start off by giving a brief exposition of the current position in South Africa
with regard to assault. From this exposition it becomes clear that negligent assault is not
recognised in South African law. I give a brief summary of the concepts of intention and
negligence. After this I briefly discuss what criteria should be considered before invoking the
criminal sanction.
In the next section of the essay I consider the need for, and the benefits of, creating
the crime of negligent assault.
Lastly, I critically analyse whether the legislature should intervene or not. My conclusion is that
the social benefits of criminalising the conduct do in fact outweigh the negative implications of
not criminalising it, and that the legislature
would not err if it were to create the crime of negligent assault. / LL.M.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:umkn-dsp01.int.unisa.ac.za:10500/16687 |
| Date | 11 1900 |
| Creators | Du Plessis, Anton, LLM. |
| Contributors | Snyman, C. R. |
| Source Sets | South African National ETD Portal |
| Detected Language | English |
| Format | Criminal -- South Africa.";"Criminal intent -- South Africa." |
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