Aspirant Prosecutor Programme Exam Study Guide

Aspirant Prosecutor Programme Entry Examination Study Guide: Key Concepts

• Study Guide Purpose: Preparation for the Aspirant Prosecutor Programme entry examination. It's not an academic reference.

• Contributors: The guide was compiled by various individuals from different offices within the National Prosecuting Authority (NPA).

• Key Sources: The study guide references several key legal texts, including commentaries on the Criminal Procedure Act, Principles of Evidence, Snyman’s Criminal Law, a guide to bail applications, relevant journal articles, prosecution policy directives, and other legal resources. Specific authors and editions are cited.

Criminal Law Concepts

• Dolus Directus: Intention to kill with the object and purpose of causing death.

• Dolus Eventualis: Foresight of the possibility of death and reconciliation with that foreseen possibility; the perpetrator doesn't need to foresee death as a probable consequence, only a possibility coupled with disregard.

• Culpable Homicide: Unlawful, negligent causing of death. Conviction requires determining if a reasonable person would have foreseen the possibility of death, taken steps to prevent it, and whether the accused's conduct deviated from that of a reasonable person. No attempt to commit culpable homicide is possible.

• Assault: Unlawful and intentional impairment of another's bodily integrity (directly or indirectly) or unlawfully inspiring a belief of imminent bodily harm. The slightest contact suffices; for threats, there must be a belief in immediate personal violence.

• Assault with Intent to do Grievous Bodily Harm: Unlawful and intentional application of force, intending to cause grievous bodily harm. Actual harm is irrelevant to liability.

• Fraud: Requires misrepresentation causing actual or potential prejudice. Prejudice doesn't need to be monetary; potential prejudice must be a reasonable, not remote or fanciful prospect. A causal link between misrepresentation and prejudice is necessary. The deceiver's intent is key, regardless of the recipient's awareness of the falsehood.

• Forgery and Uttering a Forged Document: Unlawful and intentional making of a false document to the actual or potential prejudice of another. All elements of fraud must also be present.

Firearms and Ammunition Act

• Key Offences: Sections 3, 4, and 90 of the Act are discussed, specifying unlawful possession or dealing in firearms and ammunition.

• Penalties: Section 121 outlines penalties (fines or imprisonment) for contraventions, with maximum sentences varying depending on the specific section violated (e.g., 15 years for Section 3, 25 years for Section 4). Schedule 4 lists section numbers and corresponding maximum imprisonment periods.

• Minimum Sentences: For offenses involving automatic or semi-automatic firearms (as per Part II of Schedule 2 of the Criminal Law Amendment Act 105 of 1997), minimum sentences apply (15 years for first offenders, 25 years for second offenders).