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Questions and Answers
Which act primarily addresses issues related to domestic violence?
Which act primarily addresses issues related to domestic violence?
- Criminal and Related Matters Amendment Act 12 of 2021
- Child Justice Act 75 of 2008
- Domestic Violence Amendment Act 14 of 2021 (correct)
- Criminal Law (Sexual Offences and Related Matters) Amendment Act 13 of 2021
What does the Law of Evidence primarily deal with?
What does the Law of Evidence primarily deal with?
- Legal representation in criminal cases
- Admissibility and relevance of evidence (correct)
- Safety measures in criminal law
- Defining statutory offences
Which of the following is NOT a part of the foundational triad for presenting evidence in criminal cases?
Which of the following is NOT a part of the foundational triad for presenting evidence in criminal cases?
- Criminal Law
- Criminal Procedure
- Law of Evidence
- Criminal Intent (correct)
What is the basic principle regarding the requirements for legality in criminal law?
What is the basic principle regarding the requirements for legality in criminal law?
In which part of the study guide would you find information on sentencing?
In which part of the study guide would you find information on sentencing?
Which legislation addresses crimes and the requirements for criminal liability?
Which legislation addresses crimes and the requirements for criminal liability?
What aspect does criminal procedure cover in relation to evidence?
What aspect does criminal procedure cover in relation to evidence?
Which act was introduced to amend previous sexual offences legislation?
Which act was introduced to amend previous sexual offences legislation?
What is presumed consent, also known as negotiorum gestio?
What is presumed consent, also known as negotiorum gestio?
Which of the following statements about disciplinary chastisement is true?
Which of the following statements about disciplinary chastisement is true?
What are the two essential components of criminal capacity?
What are the two essential components of criminal capacity?
In South African law, during which time must criminal capacity be established for an accused?
In South African law, during which time must criminal capacity be established for an accused?
What was the outcome of the S v Eadie case regarding criminal incapacity?
What was the outcome of the S v Eadie case regarding criminal incapacity?
Which of the following forms of chastisement has been upheld by the Constitutional Court in South Africa?
Which of the following forms of chastisement has been upheld by the Constitutional Court in South Africa?
What does the term 'malicious injury to property' refer to in this context?
What does the term 'malicious injury to property' refer to in this context?
What was the primary legal argument used by the appellant in the S v Eadie case?
What was the primary legal argument used by the appellant in the S v Eadie case?
What constitutes breaking in the context of housebreaking?
What constitutes breaking in the context of housebreaking?
Which section of the Trespass Act makes entering without permission an offence?
Which section of the Trespass Act makes entering without permission an offence?
To complete the act of entering, which of the following must occur?
To complete the act of entering, which of the following must occur?
Under the firearms control regulations, which section pertains to unlawful possession of firearms?
Under the firearms control regulations, which section pertains to unlawful possession of firearms?
Which statement is true regarding trespassing on property?
Which statement is true regarding trespassing on property?
What is NOT considered breaking in the context of the defined act?
What is NOT considered breaking in the context of the defined act?
Which of the following must the accused demonstrate to avoid being guilty of trespassing?
Which of the following must the accused demonstrate to avoid being guilty of trespassing?
In the context of housebreaking, what occurs if the specific intent of the crime is unknown to the prosecutor?
In the context of housebreaking, what occurs if the specific intent of the crime is unknown to the prosecutor?
What action does 'uttering' involve?
What action does 'uttering' involve?
Which of the following is not required to prove malicious injury to property?
Which of the following is not required to prove malicious injury to property?
In the context of forgery and uttering, who is typically charged with both offenses?
In the context of forgery and uttering, who is typically charged with both offenses?
According to the definition provided, damage to property can be understood as what?
According to the definition provided, damage to property can be understood as what?
What is the primary mental state required for malicious injury to property?
What is the primary mental state required for malicious injury to property?
Which of the following does NOT constitute forgery?
Which of the following does NOT constitute forgery?
What differentiates a property damage from a trivial act according to the context provided?
What differentiates a property damage from a trivial act according to the context provided?
In the case of sentimental property, how is damage assessed?
In the case of sentimental property, how is damage assessed?
What was the outcome of the High Court's appeal regarding the appellant's conviction for murder and attempted murder?
What was the outcome of the High Court's appeal regarding the appellant's conviction for murder and attempted murder?
What established the appellant's guilt for housebreaking with intent to steal and robbery?
What established the appellant's guilt for housebreaking with intent to steal and robbery?
Which elements are required to establish possession of an item?
Which elements are required to establish possession of an item?
What did the trial court conclude about the appellant's role in the common purpose with co-perpetrators?
What did the trial court conclude about the appellant's role in the common purpose with co-perpetrators?
Why was the doctrine of common purpose considered insufficient to uphold the murder conviction?
Why was the doctrine of common purpose considered insufficient to uphold the murder conviction?
How does the nature of an item affect the determination of possession?
How does the nature of an item affect the determination of possession?
In what context can a firearm be considered different from a motor vehicle regarding possession?
In what context can a firearm be considered different from a motor vehicle regarding possession?
What verdict was reached concerning the charge of robbery with aggravating circumstances against the appellant?
What verdict was reached concerning the charge of robbery with aggravating circumstances against the appellant?
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Study Notes
Basic Principles of Criminal Law
- Legality: Any conduct must be recognised as a crime before it takes place
- Actus Reus: The actual physical act or conduct that constitutes the crime
- Mens Rea: The mental state of the accused, reflecting their intent or knowledge of the wrongfulness of their actions.
- Causation: The link between the accused's actions and the resulting harm or consequences.
- Unlawfulness: The act must be against the law and without justification.
- Grounds of Justification: Circumstances that negate the unlawfulness of an act, despite meeting the elements of the crime.
Common Law Crimes
- Housebreaking with Intent to Commit a Crime: Breaking into a structure or building with the intention to commit a crime.
- Theft: Unlawfully and intentionally taking another person's property with the intent to permanently deprive them of it.
- Assault: Unlawfully and intentionally applying force to another person, or causing them to apprehend the immediate application of force.
- Murder: Unlawfully and intentionally causing the death of another human being.
- Culpable Homicide: Unlawfully and negligently causing the death of another human being.
- Malicious Injury to Property: Unlawfully and intentionally damaging another person's property.
- Trespassing: Entering onto or remaining on another person's property without their permission or lawful reason.
Statutory Offences
- Firearms Control Act 60 of 2000: Unlawful possession of firearms is a crime.
- Domestic Violence Act 116 of 1998: Protects individuals from domestic violence, providing legal remedies and support services.
Other Legal Considerations
- Presumed Consent or Negotiorum Gestio: Justification for an act that infringes upon another person's interests if the act was intended to benefit them.
- Disciplinary Chastisement: Is not a valid ground of justification in South African law.
- Criminal Capacity: The ability to understand the wrongfulness of one's actions and act accordingly.
- Possession/Joint Possession: The physical control and intention to exercise control over an item.
Criminal Procedure Act 51/1977
- Section 262 and 263: Allow the State to charge with housebreaking with intent to commit a crime, even if the specific offence is unknown.
- Sithole and Another v S (A777/15) ZAGPPHC 169 (20 February 2017): The case provided a good example of the application of common purpose in criminal law, particularly in the context of a housebreaking.
Important Considerations:
- Interlinkage of Criminal Law, Criminal Procedure, and the Law of Evidence: These three aspects are interconnected and crucial for effective criminal justice.
- Evidence Admissibility and Relevance: The law of evidence dictates what evidence is admissible and relevant in court.
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