Legal Standing of Victims in Criminal Proceedings: Wickham v Magistrate, Stellenbosch 2017 1 BCLR 121 (CC)
In late 2016, the Constitutional Court delivered judgment in a case, Wickham v Magistrate, Stellenbosch 2017 1 BCLR 121 (CC), involving Wayne Anthony Wickham (an aggrieved father and applicant in this case), who appealed against the decision of the Magistrate's Court in which he was denied the...
| Main Authors: | , |
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| Format: | Article |
| Language: | Afrikaans |
| Published: |
North-West University
2020-05-01
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| Series: | Potchefstroom Electronic Law Journal |
| Subjects: | |
| Online Access: | https://journals.assaf.org.za/index.php/per/article/view/6022 |
| _version_ | 1818642878015995904 |
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| author | Lindelwa Beaulender Mhlongo Buhle Angelo Dube |
| author_facet | Lindelwa Beaulender Mhlongo Buhle Angelo Dube |
| author_sort | Lindelwa Beaulender Mhlongo |
| collection | DOAJ |
| description | In late 2016, the Constitutional Court delivered judgment in a case, Wickham v Magistrate, Stellenbosch 2017 1 BCLR 121 (CC), involving Wayne Anthony Wickham (an aggrieved father and applicant in this case), who appealed against the decision of the Magistrate's Court in which he was denied the opportunity to hand up a victim impact statement. The thrust of his application was that his rights, as a victim of the crime in which his son was negligently killed by the fourth respondent, had been violated, and that this raised an arguable point of law of general public importance. The respondents, however, argued that the applicant lacked standing as the dominus litis in culpable homicide cases is the public prosecutor, and not the relatives of the deceased, or the victim. The case turned on whether the exercise of discretion by the Magistrate in denying Wickham the right to be heard was performed correctly; and whether a non-party to criminal proceedings could make an application for the review of the Magistrate's conduct. The article seeks to interrogate the rights of victims in criminal proceedings and aptly poses the following question: Do victims of crimes have a locus standi to be part of criminal proceedings? |
| first_indexed | 2024-12-16T23:50:03Z |
| format | Article |
| id | doaj.art-38c1c8882d79426ba37bf3cefb8ac680 |
| institution | Directory Open Access Journal |
| issn | 1727-3781 |
| language | Afrikaans |
| last_indexed | 2024-12-16T23:50:03Z |
| publishDate | 2020-05-01 |
| publisher | North-West University |
| record_format | Article |
| series | Potchefstroom Electronic Law Journal |
| spelling | doaj.art-38c1c8882d79426ba37bf3cefb8ac6802022-12-21T22:11:21ZafrNorth-West UniversityPotchefstroom Electronic Law Journal1727-37812020-05-012310.17159/1727-3781/2020/v23i0a6022Legal Standing of Victims in Criminal Proceedings: Wickham v Magistrate, Stellenbosch 2017 1 BCLR 121 (CC)Lindelwa Beaulender Mhlongo0Buhle Angelo Dube1Unisa,Collage of LawUnisa,Collage of LawIn late 2016, the Constitutional Court delivered judgment in a case, Wickham v Magistrate, Stellenbosch 2017 1 BCLR 121 (CC), involving Wayne Anthony Wickham (an aggrieved father and applicant in this case), who appealed against the decision of the Magistrate's Court in which he was denied the opportunity to hand up a victim impact statement. The thrust of his application was that his rights, as a victim of the crime in which his son was negligently killed by the fourth respondent, had been violated, and that this raised an arguable point of law of general public importance. The respondents, however, argued that the applicant lacked standing as the dominus litis in culpable homicide cases is the public prosecutor, and not the relatives of the deceased, or the victim. The case turned on whether the exercise of discretion by the Magistrate in denying Wickham the right to be heard was performed correctly; and whether a non-party to criminal proceedings could make an application for the review of the Magistrate's conduct. The article seeks to interrogate the rights of victims in criminal proceedings and aptly poses the following question: Do victims of crimes have a locus standi to be part of criminal proceedings?https://journals.assaf.org.za/index.php/per/article/view/6022victims of crimevictim impact statementscriminal proceedingscourt's discretionWickham v Magistratelegal standing |
| spellingShingle | Lindelwa Beaulender Mhlongo Buhle Angelo Dube Legal Standing of Victims in Criminal Proceedings: Wickham v Magistrate, Stellenbosch 2017 1 BCLR 121 (CC) Potchefstroom Electronic Law Journal victims of crime victim impact statements criminal proceedings court's discretion Wickham v Magistrate legal standing |
| title | Legal Standing of Victims in Criminal Proceedings: Wickham v Magistrate, Stellenbosch 2017 1 BCLR 121 (CC) |
| title_full | Legal Standing of Victims in Criminal Proceedings: Wickham v Magistrate, Stellenbosch 2017 1 BCLR 121 (CC) |
| title_fullStr | Legal Standing of Victims in Criminal Proceedings: Wickham v Magistrate, Stellenbosch 2017 1 BCLR 121 (CC) |
| title_full_unstemmed | Legal Standing of Victims in Criminal Proceedings: Wickham v Magistrate, Stellenbosch 2017 1 BCLR 121 (CC) |
| title_short | Legal Standing of Victims in Criminal Proceedings: Wickham v Magistrate, Stellenbosch 2017 1 BCLR 121 (CC) |
| title_sort | legal standing of victims in criminal proceedings wickham v magistrate stellenbosch 2017 1 bclr 121 cc |
| topic | victims of crime victim impact statements criminal proceedings court's discretion Wickham v Magistrate legal standing |
| url | https://journals.assaf.org.za/index.php/per/article/view/6022 |
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