Podcast
Questions and Answers
What is the significance of the second shooter's actions in relation to the victim's death?
What is the significance of the second shooter's actions in relation to the victim's death?
- They completely exonerated Daniels from liability.
- They confirmed that Daniels intended to kill the victim.
- They could be classified as a novus actus interveniens.
- They were the immediate cause of the victim’s death. (correct)
What legal principle does 'conditio sine qua non' refer to in determining causation?
What legal principle does 'conditio sine qua non' refer to in determining causation?
- An event that interrupts the causal chain.
- An unpredictable event that causes harm.
- An action that was intentional.
- An action that is necessary for the outcome to occur. (correct)
What must be established for theft to be considered complete according to the courts?
What must be established for theft to be considered complete according to the courts?
- The thief approaching the pay-point
- The consent of the owner
- The assumption of control by the thief (correct)
- The loss of control by the owner of the property
What does the theory of adequate causation state regarding a legal cause?
What does the theory of adequate causation state regarding a legal cause?
Under which conditions can multiple persons be convicted for theft of the same property?
Under which conditions can multiple persons be convicted for theft of the same property?
How did the Court respond to the role of medical negligence in causing the victim's death in the mentioned cases?
How did the Court respond to the role of medical negligence in causing the victim's death in the mentioned cases?
What is required for a person to be charged under S36 of the General Law Amendment Act 62/1955?
What is required for a person to be charged under S36 of the General Law Amendment Act 62/1955?
What must the police establish to charge someone under S36 of the General Law Amendment Act?
What must the police establish to charge someone under S36 of the General Law Amendment Act?
In which case was it determined that the accused should be held responsible for death caused by stages due to predictable outcomes?
In which case was it determined that the accused should be held responsible for death caused by stages due to predictable outcomes?
How is theft classified by the courts in terms of its legality?
How is theft classified by the courts in terms of its legality?
What constitutes a 'novus actus interveniens' in legal terms?
What constitutes a 'novus actus interveniens' in legal terms?
What was concluded about the original wound in the S v Tembani case?
What was concluded about the original wound in the S v Tembani case?
What does the term 'satisfactory account' imply in the context of S36?
What does the term 'satisfactory account' imply in the context of S36?
Why was Daniels not exonerated from liability despite the actions of the second shooter?
Why was Daniels not exonerated from liability despite the actions of the second shooter?
What is necessary for someone to not be charged with theft if they suspected the property was stolen?
What is necessary for someone to not be charged with theft if they suspected the property was stolen?
What aspect of theft determines jurisdiction for trial?
What aspect of theft determines jurisdiction for trial?
What was the Central issue addressed in the Constitutional Court decision regarding children and cannabis?
What was the Central issue addressed in the Constitutional Court decision regarding children and cannabis?
What was the outcome of the High Court's ruling before it was confirmed by the Constitutional Court?
What was the outcome of the High Court's ruling before it was confirmed by the Constitutional Court?
Who can legally administer a dependence-producing substance?
Who can legally administer a dependence-producing substance?
What remains illegal for a child concerning cannabis use according to the ruling?
What remains illegal for a child concerning cannabis use according to the ruling?
According to Section 4 of the Act, which of the following is considered a prohibited firearm?
According to Section 4 of the Act, which of the following is considered a prohibited firearm?
In what circumstance would dealing in drugs be permissible?
In what circumstance would dealing in drugs be permissible?
What does the term 'animus' refer to in the context of firearm possession?
What does the term 'animus' refer to in the context of firearm possession?
What role does the Director-General: Welfare play regarding dealing in drugs?
What role does the Director-General: Welfare play regarding dealing in drugs?
Which alteration requires written permission from the Registrar according to Section 4?
Which alteration requires written permission from the Registrar according to Section 4?
Which of the following is NOT listed as a prohibited device under Section 4?
Which of the following is NOT listed as a prohibited device under Section 4?
What was confirmed by the Constitutional Court regarding children found in possession of cannabis?
What was confirmed by the Constitutional Court regarding children found in possession of cannabis?
How does the ruling distinguish between legalization and decriminalization?
How does the ruling distinguish between legalization and decriminalization?
Which of the following best describes the limitation placed by the Constitutional Court regarding cannabis?
Which of the following best describes the limitation placed by the Constitutional Court regarding cannabis?
What condition must a home-made firearm meet to be classified as a firearm?
What condition must a home-made firearm meet to be classified as a firearm?
Which of the following is NOT a valid reason to deal in drugs according to Section 5?
Which of the following is NOT a valid reason to deal in drugs according to Section 5?
Which of the following is true regarding altering the mechanism of a firearm?
Which of the following is true regarding altering the mechanism of a firearm?
Which of the following actions requires a written prescription from a veterinary practitioner?
Which of the following actions requires a written prescription from a veterinary practitioner?
What is the consequence of not adhering to the Medicines Act when dealing with drugs?
What is the consequence of not adhering to the Medicines Act when dealing with drugs?
What alternative approaches did the High Court suggest for handling children's cannabis possession?
What alternative approaches did the High Court suggest for handling children's cannabis possession?
What is the consequence of removing or changing the serial number of a firearm?
What is the consequence of removing or changing the serial number of a firearm?
What must be proven to establish that a group possessed firearms?
What must be proven to establish that a group possessed firearms?
Which group of individuals is NOT allowed to deal in dependence-producing substances according to the content?
Which group of individuals is NOT allowed to deal in dependence-producing substances according to the content?
In what context did the Constitutional Court's decision follow the earlier Prince case?
In what context did the Constitutional Court's decision follow the earlier Prince case?
Which of the following occupations is included in the legal provisions for dealing with drugs?
Which of the following occupations is included in the legal provisions for dealing with drugs?
Which of the following statements about dependence-producing substances is true?
Which of the following statements about dependence-producing substances is true?
What was the primary reason the court discussed the potential of social systems over the criminal justice system?
What was the primary reason the court discussed the potential of social systems over the criminal justice system?
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Study Notes
Causation in Legal Context
- Third party intervention caused victim's immediate death; established causal link.
- No pre-agreement between Daniels and the second shooter; questioning if Daniels also caused death.
- Daniels’ actions deemed necessary condition (conditio sine qua non) and legal cause of death.
- Judges found no policy reasons to excuse Daniels' liability.
- Adequate causation theory suggests an act is legally responsible if it typically leads to a specific outcome, supported by human experience.
Legal Precedents and Cases
- In S v Counter (2003), accused held responsible for death due to gunshot wound complications like septicaemia.
- Ordinary human experience made death predictable as a consequence of the initial act.
- Novus actus interveniens refers to a new intervening event breaking the chain of causation if it is unexpected or abnormal.
- S v Tembani (2007): gross medical negligence does not break causation; original wound remains the primary cause of death.
Theft and Legal Principles
- A person stealing from a thief is guilty of theft; possession, not ownership, is key.
- In Lujaba (1987), theft is complete in a shop when control is assumed, regardless of payment point.
- Theft is considered a continuing crime; jurisdiction can apply where apprehended, even if stolen elsewhere.
- Multiple individuals can be convicted for the same stolen property if each knew it was stolen.
Section 36 of General Law Amendment Act
- Not a common law offense; provides an alternative charge for theft or receiving stolen property.
- Applies when a person found with goods cannot satisfactorily account for possession under reasonable suspicion of theft.
- Must be found in possession at the time of police discovery; police need reasonable suspicion.
Firearm Regulations
- Section 4 prohibits possession of specified firearms, including fully automatic and altered guns.
- Homemade firearms are classified as firearms if they meet certain criteria outlined in section 3.
Dealing in Drugs - Section 5
- Prohibits unauthorized dealing in dependence-producing substances.
- Exemptions exist for medical practitioners, veterinarians, and pharmacists under specific conditions.
- Constitutional Court declared certain prohibitions regarding cannabis possession by adults as unconstitutional.
- Distinction made between legalization (adults) and decriminalization (children), focusing on appropriate responses for minors in possession of cannabis.
Implications on Cannabis Laws
- The Prince case legalized private cannabis possession for adults but not for children.
- The focus shifted to decriminalization for minors, examining whether the criminal justice system is suitable for incidents involving children and cannabis possession.
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