We dealing with Extension in terms of the Constitution of the delictual liability of the state for neglect of duty. The following Constitution sections are going to be applicable in the above scenario: Section 2 “This Constitution is the supreme law of the Republic; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled.”
Section 7(2) “The state must respect, protect, promote and fulfil the rights in the Bill of Rights ”
Section 8(1) “The Bill of Rights applies to all law and binds the legislature, the executive, the judiciary and all organs of state.”
Section 39(2) “ When interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must promote
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He owned a 9mm pistol and .38 revolver, both of which he was licensed to possess in terms of s 3(1) of the Arms and Ammunition Act 75 of 1969. Brooks was also fond of alcohol, which he habitually consumed in excess. When under its influence he was inclined to become aggressive and to abuse his family. On 21 October 1995 these various aspects of his life combined into tragedy. During the late afternoon, after Brooks had been drinking at the family home, a domestic squabble erupted. Brooks loaded both his firearms, placed a holster and more ammunition around his waist, and confronted Dawn, who was then in the garage with the children. Brooks pointed the cocked pistol at her, but she repeatedly pushed it away, and then he shot her. Although she was injured Dawn managed to escape from the garage with Aaron and they sought refuge across the road on the property of the respondent. Brooks then turned on eleven year old Nicole, who remained trapped in the garage, and he shot and killed her before following after Dawn. Meanwhile Aaron, who was in possession of Dawn’s revolver, had called on the respondent for assistance and had handed to him the revolver. The respondent and his father went into the street to investigate, where they encountered Brooks who began firing at them, and at other neighbours who had come to investigate, with both firearms. A bullet struck the respondent in the ankle as he attempted to flee and he collapsed on the ground. Brooks found Dawn hiding in the respondent’s garage and he shot her repeatedly until she was dead. He then returned to where the respondent had collapsed and shot him in the shoulder before the respondent managed to ward him off by firing with Dawn’s revolver. Ultimately the police arrived and Brooks was arrested. He is now serving a long term of imprisonment for the crimes he committed that
He received a 60 day suspended sentence. Also in the late 50’s, he assaulted a smalltime hood who owed him money, met and worked for Carmine Fatico, killed ...
sentenced to spend the rest of his life in prison. The case against him was largely
The brother shot at him first. He didn't know it was his brother it was dark. There was smoke in the air. He could barely see across the way . His brother shot him in the arm. He didn’t want to be found dead up there in the morning. He had to find a way down, but he was shooting at him.
The United States Bill of Rights came into being as a result of a promise made by the Fathers of Confederation to the states during the struggle for ratification of the Constitution in 1787-88. A great number of the states made as a condition for their ratification, the addition of amendments, which would guarantee citizens protection of their rights against the central government. Thus, we have a rather interesting situation in which the entrenchment of a bill of rights in the American Constitution was done by the virtual demand of the states, they themselves fearing a central government which was not legally constrained and restricted as far as its powers were concerned.
...verdict and sought Mrs. Donald's forgiveness. Mrs. Donald forgave Knowles for everything he did. has done to his son after he asked her for forgiveness. Cox was convicted and sentenced to life imprisonment in 1989.
Bill of Rights, as well as the Declaration of the Rights of Man, are similar and based off of the same principles and concepts that protect the natural rights of the people. These concepts and principles were both adopted differently based on certain social situations, within the U.S. and France. Both documents seem to protect each individual’s rights and freedoms by establishing some form of a democratic government and equality amongst the general public. France had been able to do just that by eliminating the need for a hierarchy of class and power, through the French Revolution. The very structure and ideals of these documents that made them possible came from the influential thoughts and ideas of past philosophers and several different
The husband was shot first, then the wife, “Mrs. Zazzara had a large T-shaped stab wound below her left breast, Uloth said. Upon closer examination, he added, investigators discovered the horrifying damage to her eyes as well as stab wounds to her neck, cheek, abdomen and pubic areas.” After the Zazzara case the police were now sure that these murders were committed by a disturbed serial killer. However the police were unsuccessful in tracking him down. Meanwhile Ramirez brutally attacked and killed an elderly couple named William and Lillie Doi. During the next couple of months the quantity of his victims increase rapidly and the police were facing pressure to catch this psychopathic killer. Therefor a taskforce of several law-enforcement officers was established for tracking the serial killer and also the FBI stepped in to
The Bill of Rights was first originated from England, where it asserts for constitutional protection for individuals, and lists different types of prohibitions on government power (Bill of rights institute, 2016). The action of how Australia became a Federation, it involved complicated constitutional conventions, and how the constitutional founders addressed the complications of enacting a Bill of Rights, they decided not to enact it. McClelland (2002, pg. 138) describes how there were proposals that were rejected to incorporate fundamental rights in Australia’s constitution. Australians basic right were protected by common law, however instead, it was a mixture of
- These rights are natural rights, petitions, bills of rights, declarations of the rights of man etc.
17 year old Jason MacLennan “Jason” returned home after a night out just after midnight after a night out with his friend in St. Cloud Minnesota. He took a shower downstairs before he went to bed he went upstairs to get something to eat. On his way up he saw his dad in the hallway lying on the floor bleeding, he proceeded to call 911 when paramedics arrived they found Ken MacLennan dead (53) “Ken”. The police said “It looked like he came down the stairs and he was confronted by the shooter, At least 6 shots went off if not 7”.- (Forensic Files,Season 13, Ep.3 “Shoot to Thrill”). Police immediately assumed the motive for this case was robbery due to the fact that Ken’s wallet and credit cards were missing along with some cash.
Nicole stated that she was trying to eat some food in the kitchen when Brandon entered and started yelling at her. Brandon then grabbed the fork out of Nicole's right hand and proceeded to stab her in the left fore arm. Following Brandon stabbing her and in order for her to get him off of her, Nicole grabbed a kitchen knife and scraped Brandon's head just next to his left temple. Michael Clodfelter, who was asleep in the bedroom, then came out and started pushing Brandon to keep him away from Nicole. Nicole went and sat in the bedroom to wait for my arrival.
Charter. No one, including the government, has the right to deprive any person of these rights which are given...
Indubitably, all human beings are equally entitled human rights without discrimination. It is very important as it is inherent to all human beings and it enables effective functioning of the administration and dispensation of justice. If the authority or respect for law is weakened, then the public will diminish their confidence in the administration of justice. If the courts authority is not adhered to in court administration of legal proceedings, then it reduces the chances for a fair trial for the persons involved in the case. Hence, the courts reserves the right to punish those preside or wilfully interfere with its authority.
There are two witnesses of the crime. At the junction of the robbery Mavis came to the post office to send a parcel, once she has seen the crime she fainted and collapsed in the doorway. Charlie after seen Mavis made the second shoot in the crime scene to the window. When Bert was trying to drag Mavis aside he cuts his hand on some of the glass on the floor. Johne saw the incident and tried to stop them and Ali hit John on the head with the butt of the gun and fired in his leg. Wilfred a retired soldier saw perpetrators during the perpetrators were changing cars and informed to the police.
...d shots and Alan’s hand had gotten hit. The boys were back inside and the police called and told them that Doctor Curt had arrived. Doctor Curt spoke to the boys and told them that the first shot had been an accident; and that he had read the paper and it looked fine, so they could come out. The kids all walked out, they dropped their guns and were handcuffed, except for Zach who went to his mother and got his medication.