Common Law Offences1
- Abduction
- Taking an unmarried minor out of the control of his or her custodian with the intention of enabling someone to marry or have sexual intercourse with that minor.
- Arson
- Setting fire to an immovable property belonging to another.
Assault:
- Applying force to the person of another;
- inspiring a belief in another person that force is immediately to be applied to him or her;
- assault with intent to cause grievous bodily harm.
- Bigamy
- Entering into what purports to be a lawful marriage ceremony with one person while lawfully married to another.
- Blasphemy
- The publication of words or conduct whereby God is slandered.
- Compounding
- This is agreeing, for reward, not to report a crime.
- Contempt of court
- Violating the dignity, repute or authority of a judicial body or a judicial officer in his judicial capacity; publishing information or comment, concerning a pending judicial proceeding which has the tendency to influence the outcome of the proceeding or to interfere with the administration of justice in that proceeding.
- Criminal defamation
- Is where publication of material injures the reputation of another person.
- Crimen injuria
- Impairing the dignity or privacy of another person.
- Culpable homicide
- Negligent killing of another human being.
- Defamation
- Publication of matter that impairs another person’s reputation.
- Defeating or obstructing the course of justice
- Engaging in conduct which defeats or obstructs the course or administration of justice.
- Exposing an infant
- Exposure and abandonment of an infant in such a place or in such circumstances that its death is likely to result.
- Extortion
- Taking from another some advantage by subjecting that person to pressure which induces him or her to submit.
- Forgery and uttering
- Making a false document, or passing off a false document to the prejudice of another.
- Fraud
- Making a misrepresentation which causes prejudice, or which is potentially prejudicial to another.
- High treason
- Any conduct by a person (owing allegiance to a state) with the intention of overthrowing the government. Coercing the government by violence, or violating, threatening or endangering the existence, independence or security of the Republic.
- Housebreaking
- Breaking into and entering a building or structure with the intention of committing some crime.
- Kidnapping
- Depriving a person of his or her freedom of movement. If such person is a child, depriving the custodians of their control over the child.
- Malicious injury to property
- Intentionally damaging the property of another.
- Murder
- Intentional killing of a human being.
- Perjury
- Making of a false statement in the course of a judicial proceeding by a person who has taken the oath, or made an affirmation, or has been admonished.
- Poisoning
- Administering poison or other harmful substance to another.
- Public indecency
- Intentionally and publicly engaging in conduct which tends to deprave the morals of others, or which outrages the public sense of decency.
- Public violence
- Intentional commission (together with a number of people) of an act which assumes serious dimensions and which is intended forcibly to disturb public peace and tranquillity, or to invade the rights of others.
- Receiving stolen property
- Receiving possession of stolen property knowing it to have been stolen.
- Robbery
- Theft by using violence or threats of violence.
- Sedition
- Taking part in a concourse of people, violently or by threats of violence, challenging, defying or resisting the authority of the State.
- Subornation
- This is inducing another person to make a false statement under oath.
- Theft
- Appropriation of moveable corporeal property belonging to another, with intent to deprive the owner of the property.
- Violating a corpse
- Intentionally violating a corpse.
- Violating a grave
- Intentionally damaging a human grave.
-
List taken from the following websites: www.sacan.co.za/breaking-news/144-common-law-offence-definitions; and www.lexisnexis.co.za/LAWSA. There may be more technically accurate descriptions of these offences, (see, for example, CR Snyman ‘Criminal Law’ 6th Ed. Lexis Nexis 2015) but the point gets across. Remember also: conspiracy, attempt and incitement, coperpetration, to be an accomplice and accessory after the fact in relation to a criminal deed are also offences. ↩