Basic Principles of Criminal Law
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Questions and Answers

What is the minimum imprisonment period for a third or subsequent offender of the specified offences?

  • Life imprisonment
  • 25 years (correct)
  • 10 years
  • 15 years

    • What does section 121 state regarding the imposition of fines?

  • Fines are alternative to imprisonment. (correct)
  • Fines must always be imposed.
  • Imprisonment cannot be imposed.
  • A fine must be imposed if imprisonment is also given.

    • Who determines whether to prosecute under the Firearms Control Act or the Criminal Law Amendment Act?

  • The National Director of Public Prosecutions (correct)
  • The Supreme Court
  • The police department
  • The accused

    • According to the Drugs and Drug Trafficking Act, what is prohibited in relation to scheduled substances?

    <p>Manufacturing or supplying with knowledge or suspicion of use</p> Signup and view all the answers

    How is 'manufacture' defined in the context of the Drugs and Drug Trafficking Act?

    <p>As preparation, extraction, or production of a substance</p> Signup and view all the answers

    What must be proven regarding the scheduled substance for a punishable act under section 3?

    <p>The accused knew or suspected it was for unlawful manufacture</p> Signup and view all the answers

    What additional evidence may be required to prove a substance is a schedule I substance?

    <p>Chemical composition evidence</p> Signup and view all the answers

    What is the definition of a 'scheduled substance' according to section 1?

    <p>Any substance included in Part I or II of Schedule 1</p> Signup and view all the answers

    What is the primary purpose of the study guide outlined?

    <p>To ensure reliable presentation of evidence in criminal cases.</p> Signup and view all the answers

    What are the three interlinked aspects of law mentioned in the introduction?

    <p>Criminal Law, Criminal Procedure, and Law of Evidence</p> Signup and view all the answers

    Which aspect of law focuses on the admissibility and relevance of evidence?

    <p>Law of Evidence</p> Signup and view all the answers

    What is essential to determine a person's criminal liability?

    <p>Whether the conduct is recognized as a crime in law.</p> Signup and view all the answers

    What does the term 'Requirements for Legality' imply in criminal law?

    <p>Conduct must be defined as a crime before the act occurs.</p> Signup and view all the answers

    How do Criminal Law, Criminal Procedure, and the Law of Evidence relate to each other?

    <p>They are essential for presenting a case in criminal court.</p> Signup and view all the answers

    What is a significant characteristic of criminal law according to the content?

    <p>It provides clarity on what is considered a crime.</p> Signup and view all the answers

    What is the implication of an act being morally wrong but not legally wrong in criminal law?

    <p>Only legally wrong acts can lead to criminal liability.</p> Signup and view all the answers

    What constitutes 'breaking' in the context of housebreaking?

    <p>Removing an obstacle that prevents entry</p> Signup and view all the answers

    Which statement is true regarding the charge of housebreaking?

    <p>Charges can be made without knowing the specific crime intended</p> Signup and view all the answers

    What is required for 'entering' to be complete in the context of housebreaking?

    <p>Any part of the body or instrument must penetrate the property</p> Signup and view all the answers

    Under the Trespass Act, what is a critical factor to establish an offence of trespassing?

    <p>The accused must have a lawful reason to enter</p> Signup and view all the answers

    What does 'entry' in the context of trespassing require?

    <p>Physical presence on the property</p> Signup and view all the answers

    Which of the following statements is NOT true about the unlawful possession of firearms under the Firearms Control Act?

    <p>The accused must have a firearms license for legal possession</p> Signup and view all the answers

    In a case of housebreaking, if no damage is done to the property, which is a valid claim for 'breaking'?

    <p>Pushing aside a bush to gain access</p> Signup and view all the answers

    According to the law, which scenario does NOT constitute housebreaking?

    <p>Walking through a public space adjacent to a residence</p> Signup and view all the answers

    What is the legal standing of Daniels in relation to the victim's death?

    <p>Daniels' conduct is deemed a conditio sine qua non of the death.</p> Signup and view all the answers

    What does the term 'novus actus interveniens' refer to?

    <p>A new intervening event that breaks the causal link.</p> Signup and view all the answers

    In the case of S v Counter, what led to the deceased's death?

    <p>Side effects from the gunshot wound resulting in septicaemia.</p> Signup and view all the answers

    Which statement reflects the concept of adequate causation?

    <p>An act leads to a situation in accordance with human experience.</p> Signup and view all the answers

    What outcome occurs if an act is classified as a 'novus actus interveniens'?

    <p>It must show a deviation from normal expected results.</p> Signup and view all the answers

    What conclusion did the court reach in S v Tembani regarding medical negligence?

    <p>Medical negligence does not break the chain of causation.</p> Signup and view all the answers

    What is the implication of the second shooter’s actions in the case presented?

    <p>The second shooter's actions established an independent causal link to death.</p> Signup and view all the answers

    What does 'conditio sine qua non' imply in legal terms?

    <p>An essential condition that is a prerequisite for a result.</p> Signup and view all the answers

    What was the main focus of the Constitutional Court in the case regarding children and cannabis possession?

    <p>The appropriateness of the criminal justice system for addressing children's cannabis use.</p> Signup and view all the answers

    Which statement about the High Court’s decision regarding children and cannabis possession is correct?

    <p>Children cannot be prosecuted for possessing cannabis, but it remains illegal.</p> Signup and view all the answers

    How does decriminalisation differ from legalisation in the context of cannabis use by children?

    <p>Decriminalisation means some penalties exist, but legal consequences are removed.</p> Signup and view all the answers

    What did the Constitutional Court confirm regarding the High Court's order about children and cannabis possession?

    <p>The order was confirmed without endorsing the legalization of cannabis for children.</p> Signup and view all the answers

    What alternative systems are considered for dealing with child cannabis use and possession?

    <p>Social systems designed to protect and promote children's rights.</p> Signup and view all the answers

    What key aspect did the Centre for Child Law case determine about the treatment of children found with cannabis?

    <p>The legal system is not the only appropriate response to such situations.</p> Signup and view all the answers

    What was the outcome of the case Minister of Justice and Constitutional Development v Prince concerning adults?

    <p>Adults were granted the legal right to cultivate cannabis for recreational use.</p> Signup and view all the answers

    In the discussion of cannabis possession laws, what is a critical distinction made between children and adults?

    <p>Children's possession of cannabis cannot result in arrest or prosecution.</p> Signup and view all the answers

    Study Notes

    Basic Principles of Criminal Law

    • Legality: For an act to be considered a crime, the law must clearly define it as such before the act took place.

    • Mens Rea: This is the guilty mind, or the intention to commit the crime.

      • Dolus: intention, which can be direct or indirect
      • Culpa: negligence, which can be gross or ordinary

    • Actus Reus: This is the guilty act or conduct of the crime.

      • Causation: the link between the accused's conduct and the harm or result
        • Conditio sine qua non: without the accused's act, the result would not have occurred
        • Legal cause: the accused's act was a substantial and operating cause of the result
        • Novus actus interveniens: a new intervening event that breaks the chain of causation

    • Causation in Murder:

      • In S v Tembani, the court ruled that even gross medical negligence cannot break the chain of causation if the original wound inflicted by the accused was the primary cause of death.

    Common Law Crimes

    • Housebreaking:

      • This involves breaking and entering a building with the intent to commit a crime.
      • Breaking can occur without actual damage.
      • Entry occurs when any part of the body or an instrument is inserted into the structure.

    • Trespassing:

      • Unlawful and intentional entry or presence on someone's property without permission.

    Statutory Offences

    Firearms Control Act 60 of 2000, as amended

    • Unlawful possession of firearms: Sections 120 (offences) and 121 (penalties) specify penalties for illegal firearm possession.
      • Sentencing: Courts have held that heavy penalties are intended for firearms offenses, and fines should not be a common alternative to imprisonment.
      • National Director of Public Prosecutions (NDPP): The NDPP can choose to prosecute under either the Firearms Control Act or the Criminal Law Amendment Act 105 of 1997, or both.

    Drugs and Drug Trafficking Act 140 of 1992

    • Manufacture and supply of scheduled substances: Section 3 prohibits manufacturing or supplying scheduled substances, knowing or suspecting they will be used for illegal drug manufacture.

    Cannabis Offences

    • Children and Cannabis: The Constitutional Court has ruled that children using and/or possessing cannabis in a public space is illegal but that children cannot be arrested, prosecuted, or sent to diversion programmes for this offense.
      • Alternative Solutions: Courts advocate using alternative social systems designed to protect and promote the rights of children in these cases instead of the criminal justice system.
      • Decriminalization: The court emphasized that this ruling does not condone or legalize the use of cannabis by children. It focuses on decriminalizing possession by children and exploring other solutions instead of criminal prosecution.

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    Description

    Test your understanding of the foundational concepts in criminal law, including legality, mens rea, and actus reus. This quiz covers important legal principles such as causation and implications in criminal cases. Sharpen your knowledge of how these elements work together within the legal system.

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