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Questions and Answers
What is the primary focus of the CRW2602 module?
What is the primary focus of the CRW2602 module?
Which part of CRW2602 addresses crimes against the community?
Which part of CRW2602 addresses crimes against the community?
How does CRW2602 build upon the knowledge from CRW2601?
How does CRW2602 build upon the knowledge from CRW2601?
Which learning unit would you study if you are interested in understanding theft?
Which learning unit would you study if you are interested in understanding theft?
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What type of crime is focused on in Part C of CRW2602?
What type of crime is focused on in Part C of CRW2602?
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What does Part D of CRW2602 address?
What does Part D of CRW2602 address?
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Which learning unit covers crimes related to damaging property?
Which learning unit covers crimes related to damaging property?
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What is the purpose of the editor and styler in the publication?
What is the purpose of the editor and styler in the publication?
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What is the key argument the state prosecutor would rely on regarding the protesters' actions?
What is the key argument the state prosecutor would rely on regarding the protesters' actions?
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What evidence does the prosecutor cite to support a conviction for public violence?
What evidence does the prosecutor cite to support a conviction for public violence?
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Why do the protesters refuse to disperse when asked by the police?
Why do the protesters refuse to disperse when asked by the police?
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In the context of the Segopotsi case, what is sufficient for a conviction of public violence?
In the context of the Segopotsi case, what is sufficient for a conviction of public violence?
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What might justify the use of tear-gas by the police in this scenario?
What might justify the use of tear-gas by the police in this scenario?
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What constitutes public violence according to the scenario provided?
What constitutes public violence according to the scenario provided?
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What type of actions might escalate public disturbances into public violence?
What type of actions might escalate public disturbances into public violence?
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Which scenario best illustrates a potential case of public violence?
Which scenario best illustrates a potential case of public violence?
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What is primarily assessed when determining if a publication can influence the outcome of a case?
What is primarily assessed when determining if a publication can influence the outcome of a case?
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In the context of contempt of court, what does mere speculation imply?
In the context of contempt of court, what does mere speculation imply?
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What did the Pretoria High Court rule regarding the broadcasting of the Pistorius trial?
What did the Pretoria High Court rule regarding the broadcasting of the Pistorius trial?
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What must be demonstrated to establish that a publication is unlawful concerning contempt of court?
What must be demonstrated to establish that a publication is unlawful concerning contempt of court?
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What distinguishes contempt of court ex facie curiae from other types of contempt?
What distinguishes contempt of court ex facie curiae from other types of contempt?
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What constitutional considerations were taken into account during the Pistorius trial broadcasting decision?
What constitutional considerations were taken into account during the Pistorius trial broadcasting decision?
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Which of the following is NOT a factor in assessing the potential impact of press freedom on justice?
Which of the following is NOT a factor in assessing the potential impact of press freedom on justice?
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In which case was it determined that press freedom could potentially prejudice justice?
In which case was it determined that press freedom could potentially prejudice justice?
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Which of the following is NOT a requirement for a declaration to be considered common-law perjury?
Which of the following is NOT a requirement for a declaration to be considered common-law perjury?
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How is 'defeating the course of justice' different from 'obstructing the course of justice'?
How is 'defeating the course of justice' different from 'obstructing the course of justice'?
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Which of the following actions can constitute an attempt to obstruct the course of justice?
Which of the following actions can constitute an attempt to obstruct the course of justice?
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In which scenario might a person be charged with attempting to obstruct the course of justice?
In which scenario might a person be charged with attempting to obstruct the course of justice?
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What characterizes contempt of court in facie curiae?
What characterizes contempt of court in facie curiae?
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Which of the following behaviors does NOT constitute contempt of court?
Which of the following behaviors does NOT constitute contempt of court?
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What is the role of the possibility of a real court case in charges of attempting to defeat the course of justice?
What is the role of the possibility of a real court case in charges of attempting to defeat the course of justice?
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How did the court in Bazzard 1992 define the wasting of police time?
How did the court in Bazzard 1992 define the wasting of police time?
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What must the court evaluate when considering limiting the publication of information to avoid prejudice?
What must the court evaluate when considering limiting the publication of information to avoid prejudice?
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In Harber 1988 (3) SA 396 (A), what did the Appellate Division clarify about proving intention?
In Harber 1988 (3) SA 396 (A), what did the Appellate Division clarify about proving intention?
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What form of culpability is sufficient for a newspaper editor charged with contempt of court?
What form of culpability is sufficient for a newspaper editor charged with contempt of court?
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What is a consequence of the press's influence on public opinion in relation to legal responsibility?
What is a consequence of the press's influence on public opinion in relation to legal responsibility?
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What is required for a conviction of contempt of court for a journalist acting in a private capacity?
What is required for a conviction of contempt of court for a journalist acting in a private capacity?
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Which of the following is NOT one of the exceptions to the requirement of proving intention for common-law crimes?
Which of the following is NOT one of the exceptions to the requirement of proving intention for common-law crimes?
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What can influence the court's determination on limiting information publication?
What can influence the court's determination on limiting information publication?
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What is the general requirement for culpability in common-law crimes?
What is the general requirement for culpability in common-law crimes?
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Study Notes
CRW2602 Overview
- Focuses on criminal law and procedure in South Africa
- Part B specifically addresses crimes against the community
- Builds upon knowledge from CRW2601 by delving deeper into specific crimes
Crimes Against the Community
- Learning unit 4 covers theft
- Part C focuses on public violence
- Part D addresses crimes related to obstructing the course of justice
Public Violence
- Learning unit 5 covers crimes related to damaging property
- The editor and styler are responsible for editing and styling published content
- The state prosecutor would argue that the protesters intentionally acted violently
- Evidence includes: damage to property, use of force, and intentional disruption of public order
- Protesters may refuse to disperse due to grievances, anger, or fear of retaliation
- For a public violence conviction in the Segopotsi case, proof of intentional participation in unlawful conduct is sufficient
- Use of tear gas may be justified to control riots or prevent serious harm
- Public violence involves acts that disrupt public order and threaten safety
- Actions like throwing objects, setting fires, or attacking police escalate disturbances into violence
- A scenario where protesters damage property, injure police officers, and disrupt public order illustrates public violence
Contempt of Court
- When assessing a publication's potential impact, the court considers whether it could influence a trial's outcome
- Mere speculation refers to unsupported assumptions or opinions
- The Pretoria High Court ruled against broadcasting the Pistorius trial live
- To establish unlawful publication, evidence must demonstrate a real risk of prejudice to a fair trial
- Contempt of court ex facie curiae differs from other types because it occurs outside the courtroom
- Constitutional considerations included freedom of expression and the right to a fair trial
- The public's perception of an accused is NOT a factor influencing the impact of press freedom on justice
- In the South African case S v. Zuma, the court found that press freedom could potentially prejudice justice
- An accused's guilt is NOT required for a declaration to be considered common-law perjury
Obstructing Justice
- 'Defeating the course of justice' involves actively hindering the legal process
- 'Obstructing the course of justice' involves impeding the progress of a court case
- Examples of obstructing justice include: intimidating witnesses, forging evidence, and tampering with records
- A witness concealing information critical to a trial may be charged with attempting to obstruct justice
Contempt of Court in Facie Curiae
- Contempt of court in facie curiae occurs in the presence of the court
- Speaking during the hearing without permission is NOT contempt of court
- The possibility of a real court case is crucial in charges of attempting to defeat the course of justice
Wasting Police Time
- The court in Bazzard 1992 defined wasting police time as engaging in frivolous or unnecessary actions
- Courts consider potential prejudice, the gravity of the offense, and the likelihood of a trial's fairness when limiting publication
- In Harber 1988 (3), the Appellate Division clarified that proving intention requires demonstrating that the accused knew their actions would lead to prejudice
- For a newspaper editor charged with contempt of court, negligence is sufficient culpability
- The press's influence on public opinion can result in legal responsibility if it influences the outcome of a case
- For a journalist acting in a private capacity, conviction for contempt of court requires proof of intention
- The requirement of proving intention is NOT subject to the exception of public interest in cases involving common-law crimes
- Factors such as the nature of the publication, the gravity of the offense, and the stage of the trial can influence the court's decision on limiting information publication
- The general requirement for culpability in common-law crimes is that the accused must be aware of their actions and that they are wrong
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Description
Explore the concepts surrounding public violence and contempt of court in this quiz. Discover how actions and behaviors can disrupt public order and challenge the authority of the judiciary. Test your understanding of the legal definitions and implications of these crimes.
