bluuebunny/crossref_metadata_2025_split huggingface dataset:
OF HOUSEBREAKING AND COMMON PURPOSE: S v Leshilo 2017 JDR 1788 (GP)
Authors: Shannon Hoctor  
Published: September 2021

Some aspects of substantive criminal law generate more controversy than others. One of the features of the common-law crime of “housebreaking with the intent to commit a crime” is the possible difficulty of proving what “further intent” the accused harboured upon breaking into premises: what crime did the accused intend to commit within? To assist the prosecutor in this regard, the legislature intervened by extending the ambit of the common-law crime to include not just housebreaking where the “further intent” of the accused could be properly identified, but also housebreaking where the “further intent” of the accused could not be identified. Thus, in terms of the Criminal Procedure Act (51 of 1977), a charge of housebreaking with intent to commit a crime “to the prosecutor unknown” (s 95(12)), and a conviction in these terms (s 262) was established. These provisions have proved very controversial, with De Wet commenting that in providing this statutory extension to the common-law crime, the legislature miraculously created a representation of something that is conceptually impossible.The common purpose doctrine also provides invaluable assistance to the State in situations where more than one actor has been involved in the commission of a crime, and where it is extremely difficult to ascertain which actor was responsible for which act. Typically, such crimes arise out of mob violence. A strict application of the rules of causation in such circumstances often makes proof of individual perpetrator liability extremely hard to establish. The consequence of the difficulty in establishing a causal link between the actor’s conduct and the harmful result may be lesser liability or even no liability for the harm. The common purpose doctrine (defined below) however provides that where the actors share a common purpose to commit a crime, and act to that end, the conduct of each actor is imputed to each of the other actors. Thus the difficulty with proof of causation is entirely circumvented.
But at what cost? Despite a Constitutional Court judgment to the contrary, Burchell has consistently argued that the common purpose doctrine “is a contradiction of the fundamental rule that the prosecution must prove the elements of liability beyond reasonable doubt and, therefore, an infringement of the presumption of innocence”.In the case of S v Leshilo (2017 JDR 1788 (GP)), both these controversial aspects – the statutory extension to the housebreaking crime, and the common purpose doctrine – are drawn together, making a consideration of the judgment in this case both instructive and worthy of closer analysis.
FROM BEING IN THE AUDIENCE TO WAITING IN THE WINGS: CAN THE IUS EXPECTATI DOMINII IMPROVE THE UNENVIABLE POSITION OF THE TRUST BENEFICIARY IN THE OWNERSHIP TRUST?
Authors: Eben Nel  
Published: September 2021

In the development of South African trust law, the courts have often attempted to identify a basis in Roman-Dutch law for the trust figure, with the inter vivos trust being seen as a contract akin to a stipulatio alteri. The ownership of trust assets, and in particular the legal position of the trust beneficiary, has proved to be closely interwoven with the legal nature of the trust figure.It is submitted that the emphasis on the contractual aspect of the living trust has in the past overshadowed its sui generis nature. In this article, both the acceptance requirement placed on beneficiaries of ownership trusts as manifested in Potgieter v Potgieter NO 2012 (1) SA 637 (SCA), and the trust-relationship theory proposed by JP Coetzee, are discussed. The lack of real rights vesting in the discretionary beneficiary is evaluated, from both a contractual and a sui generis perspective, with the writer proposing the application of the Roman-Dutch principle of ius expectati dominii as a mechanism for developing beneficiary rights. It is submitted that the recognition of a right of expectant ownership will not only address the anomalous position of beneficiaries in ownership trusts but also impact the behaviour of trustees, inhibit alter ego trusts and contribute towards the maturation of the trust figure. In a contractual context, the existence of an enforceable right will allow the courts to apply applicable public policy principles to the evaluation of trustee decisions.
REMOVING DIRECTORS OF STATE-OWNED COMPANIES SOS Support Public Broadcasting Coalition v South African Broadcasting Corporation SOC Limited (81056/14) [2017] ZAGPJHC 289
Authors: Rehana Cassim  
Published: September 2021

In SOS Support Public Broadcasting Coalition v South African Broadcasting Corporation SOC Limited; SOS Support Public Broadcasting Coalition v South African Broadcasting Corporation SOC Limited ((81056/14) [2017] ZAGPJHC 289 (17 October 2017)) (SOS Support Public Broadcasting Coalition v SABC), the Gauteng Local Division, Johannesburg was faced with two applications brought against the South African Broadcasting Corporation SOC Limited (the SABC) by the SOS: Support Public Broadcasting Coalition, the Freedom of Expression Institute and the Trustees of the Media Monitoring Project Benefit Trust. The Minister of Communications (the Minister) and Mr Hlaudi Motsoeneng (the former chief operations officer of the SABC) were, inter alia, joined as respondents. Both applications related to the constitutionality and lawfulness of the powers exercised by the Minister in respect of the directors of the SABC board. The applications were instituted against a “background of systematic and repeated failures in the governance and management of the SABC”.The first application concerned the lawfulness of the powers vested in the Minister by virtue of the amended Memorandum of Incorporation (MOI) of the SABC (the amended MOI) and the SABC Board Charter (the Charter) in respect of the appointment, discipline and suspension of the executive directors of the SABC. The second application concerned the power of the Minister to remove the executive and non-executive directors of the SABC board from office. The focus of this note is on the second application, although the first application will also be addressed, albeit briefly. This note evaluates the judgment in this case, and its implications for state-owned companies.
The Centrality of Customary Law in the Judicial Resolution of Disputes that Emanate from it – Dalisile v Mgoduka (5056/2018) [2018] ZAECMHC
Authors: Nomthandazo Ntlama  
Published: September 2021

The recent judgment by the Mthatha High Court in Dalisile v Mgoduka ((5056/2018) [2018] ZAECMHC (Dalisile)) has elicited much jubilation over the permeation of customary-law principles into the judicial resolution of disputes that emanate from a customary-law context. The judgment comes at a time when common-law principles appear to have infiltrated the resolution of disputes that originate from customary law. This case paves the way and provides a foundation for the resolution of customary-law disputes within their own context. It reinforces arguments that have long been canvassed to constitutionalise customary law within its own framework. It endorses the envisioned commitment to translate into reality the “healing of the divisions of the past” as envisaged in the preamble of the Constitution of the Republic of South Africa 1996. Section 211(3) of the Constitution is distinct and prescriptive on the obligations of the courts relating to the application of customary law. Section 211(3) is in the context of pursuing the advancement of a constitutionalised system of customary law that seeks to equate the applicable laws of the Republic.This case has filled a lacuna in the application and interpretation of customary law, which has been clouded by the prism of common law. The gap was acknowledged by the court in Alexkor Ltd v Richtersveld Community (2003 (12) BLCR 1301 (CC).
In Alexkor, customary law was affirmed as an independent and legitimate source of law that is empowered to regulate its own affairs within the framework of the Constitution. It does not have to be legitimised and validated by common-law principles in addition to the Constitution.Resolving disputes arising from customary law has been a great cause for concern. The courts have delivered many disappointing judgments in the area of resolving customary-law disputes. These judgments appear to lean towards importing common-law principles into the resolution of disputes that arise from the system of customary law. This case note does not intend to discuss these judgments in any depth as they have been dealt with elsewhere.It is thus not the purpose of this case discussion to delve into the history of customary law. Its intended focus is limited to the significant stride made by the court in Dalisile in uprooting the dominance of the application of common-law principles in the resolution of disputes that arise from the system of customary law. The objective is to generate debate on the contribution that the judgment makes to the incorporation of Africanised principles into the broader constitutional framework of the jurisprudence of our courts. The note argues that it is the Constitution that is the dominant authority over all the legal systems that are applicable in the Republic, including customary law.
Attenuation patterns in the Pacific Northwest based on intensity data and the location of the 1872 North Cascades earthquake
Authors: Malone Stephen D. , Bor Sheng-Sheang 
Published: September 2021

abstract
Intensity data from 14 historic earthquakes in or near Washington State, as reported at over 300 localities, are used to study the attenuation structure in Washington. The empirical relation of Evernden (1975) is used to determine the size and depth for each earthquake and the local attenuation factor, k, for two physiographic parts of the state. The value for k in the Puget Sound region and north into Canada is 134, while k=112 is more appropriate for eastern Washington and northern Oregon. Individual local amplification factors are computed for all localities at which four or more earthquakes have been felt by averaging the difference between the computed intensity and reported intensity at each site. Using these correction factors, the intensities for the North Cascade earthquake of 1872 are used to place constraints on its size and location. It appears this earthquake may be slightly larger (magnitude 7.4) and located south and west of the original epicenter determined by Milne.
Earthquake damage in Imperial Valley, California May 18, 1940, as reported by T. A. Clark
Authors: Sylvester Arthur G. 
Published: September 2021

abstract
Bureau of Reclamation civil engineer T. A. Clark surveyed and photographed damage to water distribution systems on both sides of the International Boundary immediately following the Imperial Valley, California, earthquake of May 18, 1940. His report, written only weeks after the earthquake, focuses on damage to enginneered structures such as aqueducts, canals, flumes, roads and bridges caused by horizontal surface rupturing, shaking, lurching, and, to a lesser degree, liquefaction. Clark's report and photographic illustrations are a valuable supplement to the relatively sparse amount of structural engineering data previously available for such an important seismic event in California's earthquake history.
Plantabilidade e suas Variáveis no Estabelecimento da Cultura de Soja
Authors: Duarte Erich Dos Reis 
Published: September 2021

As variáveis capazes de aumentar a produtividade de uma lavoura, está na qualidade da operação de semeadura. A velocidade de deslocamento dos maquinários, associado à profundidade de deposição das sementes influenciam de forma direta no desenvolvimento e de um estande das plantas de soja. O experimento foi conduzido no Sitio Santa Maria no Município de Bandeirantes-PR localizado entre as coordenadas 23°05'58.6"S 50°25'56.9"W, no ano de 2020 e 2021 e teve por objetivo avaliar a influência das velocidades de deslocamento com facão sendo 5; 6,5; 8; e com disco duplo com 5; 6,5; 8; e 9,5 km h-1 e as profundidades de semeadura de 2,3,4 e 5 cm com sistema de disco duplo na lavoura de Soja. Na abertura do sulco, visando a colocação das sementes e fertilizante, utilizaram-se dois mecanismos: rompedores do tipo facão e disco duplo. A roda compactadora utilizada foi do tipo roda metálica lisa em forma de V. Foram determinados os níveis de pressões aplicadas sobre o solo (12,2, 18,5 e 24,1 e 28,5 kPa) por meio de uma célula de carga, com os sensores de linha ligados e desligados. A profundidade de semeadura influenciou as variáveis estudadas, assim como da velocidade de deslocamento adotada. A maior profundidade ocasionou redução da média de produtividade, assim como também a pressão em kPa aumentada foi benéfica a produtividade da cultura da soja de forma significativa.
Morphological Description of Den-3 Virus Infection Cells through EDTA Blood Feed In Aedes Aegypti Mosquitoe
Authors: Triyana Y Rahma 
Published: September 2021

Mosquito Ae. aegypti is the main dengue virus vector which causes the virus to grow and develop properly. The Artificial Membrane Feeding (AMF) method is a method of indirectly transmitting the dengue virus in the Ae. aegypti. This method uses blood feed with EDTA anticoagulant and DEN-3 virus in the insectarium. One way to detect the dengue virus found in Ae mosquito cells. aegypti is an immunohistochemical Streptavidin Biotin Peroxidase Complex (SBPC). In this method, the morphological picture of DEN-3 virus infection cells will be seen through the heparin anticoagulant blood feed using the AMF method. Anticoagulants function to slow the blood clotting to feed the Ae mosquitoes. Aegypti. The aim of this study was to determine the Positive Infection Rate of DEN-3 virus and the morphological picture of DEN-3 virus infection cells using the AMF method of EDTA anticoagulant blood feed through SBPC immunocytochemical examination of Ae mosquitoes. aegypti. The design method of this study was experimental, infected Ae.aegypti mosquitoes using anticoagulant blood containing DEN-3 virus orally as an infectious sample. Negative control used Culex Sp mosquitoes and positive control used adult Ae.aegypti mosquitoes which were infected with DEN-3 virus by injection. Detection of DEN-3 virus in Ae.aegypti mosquitoes through SBPC immunositochemical examination. Results of Positive Infection Rate for Ae.aegypti mosquitoes with EDTA anticoagulant as much as 23.20% through SBPC immunocytochemical examination with a picture of cell morphology of DEN-3 virus infection. The conclusion of SBPC immunositochemical examination showed positive cell morphology of DEN-3 virus infection with EDTA anticoagulant in Ae.aegypti mosquitoes fed by human blood orally through the AMF method.
Attitudes and beliefs of patients and primary caregivers towards deprescribing in a tertiary health care facility
Authors: Gaurang Narayan , Priyadharsini Rajendran , Balamurugesan Kandan , Prakash Mathiyalagen , Reka Devanathan 
Published: September 2021

Background: Good prescribing practices form the essence of drug therapy for better patient care. The major aim of better prescribing is to improve rational prescribing. Deprescribing gained momentum in recent decades.
Objective: This study aimed to explore the attitude and beliefs of deprescribing among patients and their caregivers forming dyads in a tertiary health care facility.
Methods: Cross-sectional, questionnaire-based prospective study done for two months. Attitude towards deprescribing was assessed by using validated rPATD (revised Patient attitude towards deprescribing) questionnaire. Cohen's kappa coefficient was used to measure the agreement between the views of people and their caregivers forming dyads about medication cessation.
Results: 312 patients and caregivers (156 forming dyads) participated in the study. Among 156 patients, 25.6% were hypertensives & 21.2% had diabetes. 41.7% were between 36-50 years of age. Only 16.7% belong to the elderly age group. 2.5% were taking >5 medications. 43.6% of patients and 62.2% of caregivers were female. 51.3% of the patients were willing to stop one or more of their regular medicine(s) under the treating physician's advice, but 62% were satisfied with their current medicine(s). 33.4% were reluctant to stop taking medicines for a long time.
Conclusions: In our study, more than 50% of people and their caregivers were willing to try medication cessation under their physician's recommendation. There was moderate agreement between patients and their caregivers in the trial of medication cessation. Thus, the results obtained from this study may help towards improving rationalized prescribing practices in the institutional setup.
A population dynamics tipping point for aging as a cause of adult death
Authors: Scharf Andrea , Mitteldorf Josh , Armstead Brinda , Schneider Daniel , Jin He , Kocsisova Zuzana , Tan Chieh-Hsiang , Sanchez Francesca , Brady Brian , Ram Natasha , DiAntonio Gabe , Wilson Andrea , Kornfeld Kerry 
Published: September 2021

Abstract
Populations are a fundamental level of biological organization that poses major challenges for analysis. Individual traits that influence development, diapause, reproduction, aging, and lifespan interact in complex ways to determine birth and death. Birth and death drive population dynamics and determine whether a population survives or is doomed for extinction. However, we lack a deep understanding of the relationships between individual traits and population dynamics, a major challenge in the emerging field of ecology-development (eco-devo). Here we establish a laboratory ecosystem using the model organism C. elegans and a computational simulation that realistically models the laboratory ecosystem. We used these platforms to investigate the conditions that permit animals in the population to die of old age, a critical step in understanding the role of aging in population dynamics. Old age as a cause of death was influenced by three conditions: maximum lifespan, rate of adult culling, and progeny number/food stability. Remarkably, populations displayed a tipping point for aging as the primary cause of adult death. With high numbers of progeny, almost all adults in a population died young, whereas a slight decrease in progeny number caused a dramatic shift in the population, and almost all adults died of old age. The conditions defined here establish a conceptual framework for understanding why certain animals die of old age in the wild, such as mayflies and elephants.
A Retrospective Cohort Study on the increasing trend of suicide ideations and risks in an opioid-dependent population of Puerto Rico 2015-2018
Authors: Collazo Gerardo , Ruiz Alejandro , Rivera Marimer , Diaz-Marty Cristina , Avila Alessandro , Escobar Mauricio , Ojeda Juan , Almodovar-Frau Daniel , Maldonado Irvin , Inostroza-Nieves Yaritza 
Published: September 2021

Abstract
Background: The rate of suicide attempts among people with substance abuse disorders in the U.S. is six times higher than in the general population. The prevalence of suicidal ideations and attempts continues to increase in Puerto Rico, with a significant incidence in substance-abusing populations. Methods: This retrospective cohort study evaluate the suicide profile of 4,347 opioid-dependent participants in ASSMCA's methadone center in San Juan, PR, from 2015 to 2018 using questions related to suicidal ideation and attempts included in the admission questionnaire. Results: Participants reporting suicide ideation increase from 8.5% in 2015 to 17.0% in 2018. In 2015 only 7.0% claimed to have had a history of a suicide attempt, increasing to 12.4% in 2018. Discussion: Our data support the need for screening for suicide risk among substance-abusing populations to identify targeted interventions. The identification of high-risk populations for suicide can help during rehabilitation and finding the adequate resources needed.
Cationic Core/Shell Polysiloxane Acrylate Emulsion: Synthesis, Film Morphology, and Performance on Cotton Pigment Coloration.
Authors: Dai Xianghui , Yu xia , Xu Xiaomin , Sun Xiao , Pan Jianjun , Zhang Xiaoting , Min Jie 
Published: September 2021

Abstract
In this paper, acrylate-terminated polysiloxane was synthesised and used as raw materials for the synthesis of cationic core/shell polysiloxane acrylate emulsion, which was applied as binders in the pigment dyeing of cotton fabrics. The experimental results showed that: the cationic core/shell poly siloxane acrylate emulsion in this article is in nano size of 100nm. During the film formation of the emulsion, there are core-core and shell-shell fusion phenomena between the latex particles, and same poly siloxane chain aggregates on the surface of the film. When the emulsion is used in the pigment dyeing of cotton fabrics, the dyed cotton fabrics feel soft, and the soaping fastness and dry/wet rubbing fastness meet the national quality requirements, as soaping fastness can reach grade 4 ~ 5, dry rubbing fastness can reach grade 4 ~ 5, and wet rubbing fastness can reach grade 4.
Novel ROS-Responsive Marine Biomaterial Fucoidan Nanocarriers with AIE Effect and Chemodynamic Therapy
Authors: Guo Chunjing , Chen Qiang , Liu Xue , Cheng Ziting , Chen Daquan , Kong Ming 
Published: September 2021

Abstract
Chemodynamic therapy (CDT) has been widely used in the treatment of many kinds of tumors, which can effectively induce tumor cell apoptosis by using produced reactive oxygen species (ROS). In this paper, ROS-sensitive multifunctional marine biomaterial natural polysaccharide nanoparticles (CT/PTX) were designed. Aggregation-induced emission (AIE) molecules tetraphenylethylene (TPE) labeled and caffeic acid (CA) modified fucoidan (FUC) amphiphilic carrier material (CA-FUC-TK-TPE, CFTT) was fabricated, in which the thioketal bond was used as the linkage arm between TPE and fucoidan chain, giving the CFTT material ROS sensitivity. In addition, amphiphilic carrier material (FUC-TK-VE, FTVE) composed of thioketal-linked vitamin E and fucoidan was synthesized. The mixed carrier material CFTT and FTVE self-assembled in water to form nanoparticles (CT/PTX ) loaded with PTX and Fe3+. CT/PTX nanoparticles could induce ROS oxidative stress in tumor sites through the CDT effect induced by Fe3+. The CDT effect was combined with the chemotherapeutic drug PTX to achieve tumor inhibition. In vitro cell studies have proved that CT/PTX nanoparticles have excellent cell permeability and tumor cytotoxicity. In vivo antitumor experiments confirmed effective antitumor activity and reduced side effects.