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A Critical discussion of Section 1(1) of the Criminal Law Amendment Act 1 of 1988

Abstract

A brief analysis of South African Law relating to intoxication as a defence prior to 1988 is given. This is followed by an in-depth discussion and evaluation of the statutory crime created by section 1 (1) of the Criminal Law Amendment Act 1 of 1988. Various points of criticism against the wording of section 1 (1) as well as the problems with regard to its application in practice are set out. In conclusion a draft for a new, more effective wording for section 1 (1) is givenCriminal and Procedural LawLL.M. (Criminal & Procedural Law

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