DEFEATING OR OBSTRUCTING THE
COURSE OF JUSTICE
• This crime consist of unlawfully and
intentionally engaging in conduct that
defeats the course or administration of
justice.
• in S v Burger the court referred to the
difference between ‘defeating’ and
‘obstructing’ the course of justice. To
defeat the course of justice, the accused
must in fact have defeated the course of
justice (for instance where an innocent
person has been convicted as the result
of the actions of the accused)
obstructing is something less: conduct
that could lead to the end result of
defeating the course of justice.
• Its important to note that these are not
two distinct crimes. It is a single crime of
defeating or obstructing the course of
justice.
COURSE OF JUSTICE
• This crime consist of unlawfully and
intentionally engaging in conduct that
defeats the course or administration of
justice.
• in S v Burger the court referred to the
difference between ‘defeating’ and
‘obstructing’ the course of justice. To
defeat the course of justice, the accused
must in fact have defeated the course of
justice (for instance where an innocent
person has been convicted as the result
of the actions of the accused)
obstructing is something less: conduct
that could lead to the end result of
defeating the course of justice.
• Its important to note that these are not
two distinct crimes. It is a single crime of
defeating or obstructing the course of
justice.
