TY - JOUR
PY - 2012//
TI - Does the principle of legality require statutory crimes to have specific penalty clauses? A critical analysis of the decisions of the High Court and the Supreme Court of Appeal in DPP, Western Cape v Prins
JO - South African journal of criminal justice
A1 - Jordaan, L.
A1 - Terblanche, S. S.
SP - 379
EP - 389
VL - 25
IS - 3
N2 - The article discusses the case of Director of Public Prosecutions (DPP), Western Cape v Prins, wherein the accused was charged for allegedly touching the plaintiff's breasts. The court favoured the accused on grounds that the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 does not have a penalty clause for the offence. The principle of legality, which states that a person is innocent unless the plaintiff is convinced that the offence is a crime, is also discussed.
KEYWORDS: Juvenile justice; Juvenile delinquency