DEFEATING or OBSTRUCTING THE COURSE OF JUSTICE

Definition

• Defeating or obstructing the course of justice consists in unlawfully doing an act which is intended to defeat or obstruct and which does defeat or obstruct the due administration of justice – Burchell Principles of Criminal Law 3rd ed (2005) at 939

Origins

• Definition derived from Roman & Roman-Dutch Law – crime committed only where judicial proceedings relating to administration of justice are defeated or obstructed.

• SA courts have extended definition.

• Nullum crimen sine lege principle (‘no crime without a law’).

Elements

1. Unlawful

2. Defeating or Obstructing (Conduct)

3. Administration of Justice

4. Intention

Elements of the crime:

1.Unlawfully

2.Defeating or Obstructing (conduct)• S v Binta 1993 (2) SACR 553 (C)• Attempt

Attempt

• S v Cassimjee 1989 (3) SA 729 (N)

• Clarke: ‘Attempting to Defeat the Ends of Justice’ (S v Mene & another 1988 (3) Sa 641 (A)).

Elements (cont.)

3.the Course or Administration of Justice• S v Bazzard 1992 (1) SACR 302 (NC)• CR Snyman ‘Laying a False Criminal

Charge (S v Sauerman 1978 (3) SA 761 (AD).

4.Intentionally: Motive irrelevant