Critically analyse and compare the cases of Ex Parte Pieters 1993 3 SA 379 (D) and Ex Stoter 1996 4 SA 1299 (E) The presumption of death is when an application to the High Court must be made for an order that a missing person is presumed dead, the court does not declare a person dead but it merely makes an order that the person is presumed dead. In Ex Parte Pieters, the applicant is the son of Mr William Emmanuel Pieters. The applicant sought an order of presuming the death of his father to effect payment to him and his siblings of the moneys left by his deceased mother to the father which was credited in his Guardian’s Fund. In Ex Parte Stoter, the applicant is the brother of Clarence Percival Stoter and he applies for an order for the presumption of death of his brother because he was missing for two years. The missing person never arrived at his daughter’s place and he went missing for 18 years. At the time the applicant applied for an order the missing person would have been 73 years old. The missing person showed no emotional stress, financial embarrassment or any sign of failing health before he disappeared. Mr Pieters had held a variety of jobs and was working as a cleaner at Customs Office the time he disappeared. In Ex Parte Stoter, the circumstances of the missing person were different as he disappeared without a trace from his room, and his motor vehicle was also missing. When the order of presumption for death was applied for the missing person would have been about 61 years old and would have been missing for two years. Before disappearing, missing person suffered from depression and severe blood pressure but nothing showed any failure in health. The day before he disappeared he had been employed by the Federated Timbers in the East
... Martin Krugman’s body was never found. He was declared deceases. Mark Santangeli, was murdered, he played no part in the heist. Theresa Ferrar’s dismembered body was found near Toms Rivere. No one was charged with her murder. Paolo LiCastri, Manriquez, Robert McMahon and Angelo Sepe’s murders haven’t been solved. Louis Cafora and his wife Joanna’s bodies were never found. Tommy DeSimone’s body was never found. Peter Gruenwald with his wife disappeared into the Witness Protection Program. Bill Fischetti disappeared into the Witness Proctection Program. Frank Menna disappeared into the Witness Protection Prgram. Louis Werner convicted on May 16, 1979; married Janet Barbieri following his release from prison.
We all know that living is an expensive experience. You’re required to pay taxes, pay for food, and pay for shelter. The counterpart of living, however, can also be quite expensive. In fact, Death is one of the most profitable events in life generating about 15 billion dollars a year (Qtd. In Crawford). With profit, however, comes greed and the Mortuary business has it’s fair share of corruption. Although a profit is necessary to maintain a business the extent to which some morticians go to maximize their profits is disgusting. While laws that Morticians must follow exist, their lack of enforcement renders them useless. That being said, these issues need to be addressed and solved.
In Corsicana, Texas Cameron Willingham and his family’s home was burned down the twenty-third of December is 1991. According to the report Cameron was asleep when the fire started and survived the accident with only a few injuries, as for his children they were not so lucky, they lost their lives to the tragic accident. At the time of the accident Cameron’s wife was buying presents for their children for Christmas. According to a witness and her Daughter Diane and Buffie from a few houses down went outside and saw Cameron screaming, “My babies are burning up!” Diane and Cameron tried countless attempts to rescue the girls from their room until the fire department could get there. According to the New Yorker “The house, in short, had been deliberately transformed onto a death trap.” According to the reports on December twenty-fourth and twenty-seventh of 1991 the fire was declared arson and they later decided to conduct a criminal investigation. Cameron was questioned by the investigators on December 31st and was then later arrested on January 8th of 1992 for the death his three daughters.
Gary Leon Ridgway may not be a household name, but the infamous Green River Killer is one of the most accomplished serial murderers in U.S. history. In 2003, Ridgway confessed 48 accounts of aggravated first degree murder (more confirmed murders than any other American serial killer) during a two-and-a-half-year period in the early 1980s near Seattle, although it is believed he slaughtered even more. The majority of his victims were runaway teenage girls and hookers whom he picked up on the interstate and strangled to death. But Ridgway was spared the death penalty as part of a plea bargain three years ago, in exchange for his assistance in leading investigators to his victim's remains and revealing other information to help "bring closure" to the grieving families ("Green River Killer Avoids Death in Plea Deal").
Watt, Bob. “TO EVERY THING THERE IS A SEASON AND A TIME TO EVERY PURPOSE UNDER THE HEAVEN – A TIME TO BE BORN AND A TIME TO DIE.1 NATURAL LAW, EMOTION AND THE RIGHT TO DIE.” Denning Law Journal 1.24 (2012): 89-115. University of Buckingham
...ta Bank, the disappeared, and the relatives of the disappeared are still being found and identified presently.
R v Secretary of State for Transport, ex parte Factortame Ltd and others [1999] All ER (D) 1173.
In the essay, Death and Justice, by Edward I. Koch makes his argument of why he supports capital punishment by the examination of his opposition’s arguments that are most frequently heard. Koch claims the death penalty is just and supports his claims by rebutting the arguments. Koch believes that capital punishment is a mean to uphold justice, until another form of punishments are found as a better solution. Other punishment would be inadequate and therefore unjust for the crimes that deprive someone else life.. Robert Lee Willie and Joseph Carl Shaw committed murders before the murder, they were executed for. If theses individuals had received the death penalty in the beginning, than maybe an 18 year old woman, and two teenagers could still
Natural Law theory and Deontology agree on the grounds of abortion, because Natural Law theory says life is important and valued. Deontology is the rules of our land say after a certain period of time abortion is illegal and it agrees that abortion is wrong in structure. Deontology would say that the parents has a duty to care for the child, not abort it. Natural Law theory says life is the most precious thing and euthanasia is illegal as a medical practice in many countries because it is taking of a life. Deontology agrees with Natural Law theory on euthanasia because of the laws and rules of medical practices and the criminal laws say that it is wrong. In the medical profession their duty is to heal a life and restore life not to take someone’s
(i) only the periods the property was held by the person relinquishing the property (or any related person) shall be taken into account under subparagraph (B)(i), and
The death penalty or capital punishment is a controversial topic that many people like to ignore, or put on the back burner. The death penalty is a sentence, while capital punishment is the actual execution. It is wrong and immoral. In extreme crime cases where the death penalty would be considered, life without parole is the better consequence. Innocent people could, and have been put to death wrongfully. Racial bias, along with multiple other problems that this consequence holds shows why this sentence is an issue. Despite many flaws this sentence holds, states still actively use it. As of now, there are thirty-one states with the death penalty. The conversation is split between two groups. The people who want to abolish that sentence, and
Death penalty is not quite a familiar term among people. Yet, has become one of the most controversial topics over the last years. “Capital punishment or the death penalty is a legal process whereby a person is put to death as a punishment for a crime” (Wikipedia, 2014 ).According to Wikipedia, it is currently used in thirty four countries, with the modern methods like electrocution , gas chamber, and hanging. There are a lot of people who support death penalty; there is also a large population who want to abolish it. Capital punishment should be allowed because it’s an effective way to ban criminals in society, people should be treated with justice, and.
Despite the local police department’s efforts to pursue every lead possible, the case went cold. While the local police were in charge of Ray’s disappearance, they also had other cases to investigate as well (Ganim). After nine years, The State Department finally took
The book The Denial of Death was written by Ernest Becker and was published in 1973.
Margalit v Standard Bank of South Africa LTD and Another , (2) SA 466 ((SCA) 2013).