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Questions and Answers
Which of the following best defines an omission in the context of criminal liability?
Which situation illustrates a contractual duty to act?
In which case did the court establish a duty of care arising from a previous act?
What defines the duty to act arising from an office holder's role?
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Which of the following is NOT considered a legal duty leading to criminal liability for omission?
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Which of the following publications focuses specifically on the Criminal Procedure Act?
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What is the primary purpose of the study guide mentioned in the content?
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Which edition of 'Principles of Evidence' is referenced in the sources?
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Who is one of the contributors affiliated with the DPP in North Gauteng?
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What type of law does the 'Drugs and Drug Trafficking Act, 1992' deal with?
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Study Notes
Aspirant Prosecutor Programme Overview
- Created for individuals preparing for the entry examination of the Aspirant Prosecutor Programme.
- Compiled by contributors from the National Prosecuting Authority across various districts in South Africa.
Legal Duties and Omissions
- Omissions can result in criminal liability only if there exists a legal duty to act.
- Seven noted legal duties:
- Contractual Duty: Example from Pittwood case; failure to close a gate leading to a fatal incident.
- Act or Statute: Legal obligations arise under statutes like the Income Tax Act.
- Dangerous Object: Responsibility for dangerous objects leads to liability, as seen in Fernandez case involving an escaped baboon.
- Protective Relationship: Parents or guardians have legal duties to care for their children, exemplified in Chenjere case.
- Incumbent Duty: Certain professions, like police and medical practitioners, have obligations in specific circumstances.
- Previous Positive Act: Legal duties can follow from prior actions, creating an obligation to act positively.
Possession
- Legal Definition: Possession involves physical control and knowledge of the possession, meaning possession = physical possession + knowledge.
- Joint Possession: Requires proof that multiple parties had knowledge of possession and intended to control the item collectively.
- Evidence needed to establish joint possession involves shared intent or control in criminal matters.
Perjury
- Defined as making a false statement during judicial proceedings after taking an oath.
- Applies to both verbal and written statements, including affidavits.
- Statements made outside formal judicial proceedings do not constitute perjury.
Murder
- Constitutes the unlawful and intentional killing of another person, either through actions or omissions.
- Distinction between forms of intention: dolus directus (direct intent) and dolus eventualis (conditional intent).
Defeating or Obstructing Justice
- Defeating Justice: Requires proof that justice was entirely defeated by the accused's actions.
- Obstructing Justice: Involves hindering or undermining the judicial process without complete defeat.
Drug Trafficking Act
- Manufacture and Supply: Section 3 prohibits the manufacture or supply of scheduled substances if the individual knows or suspects their use in unlawful drug manufacture.
- Scheduled Substances: Defined and regulated, including specific chemical identities relevant for legal proceedings.
Legislative Notes
- Recent rulings emphasize strict interpretations of legislative intent regarding sentencing and the application of various laws, including firearms and drug-related offenses.
- The concurrent applicability of the Firearms Control Act and Criminal Law Amendment Act highlights prosecutorial discretion in charging decisions.
These notes cover essential legal concepts, duties, and legislative information relevant to the preparation for the entry examination for the Aspirant Prosecutor Programme.
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Description
Prepare for the entry examination for the Aspirant Prosecutor Programme with this comprehensive study guide. This resource is specifically designed to help applicants understand the examination structure and content, ensuring you're well-equipped for success. Please note that this guide is not meant for academic reference.
