Crimes Against the State and Justice

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Questions and Answers

What is the primary focus of the CRW2602 module?

Specific crimes (correct)

General principles of criminal law

Legal procedures in criminal cases

The history of criminal law

Which part of CRW2602 addresses crimes against the community?

Part A

Part B (correct)

Part C

Part D

How does CRW2602 build upon the knowledge from CRW2601?

It introduces new legal theories

It focuses on international law

It emphasizes personal responsibility

It presupposes understanding of CRW2601 content (correct)

Which learning unit would you study if you are interested in understanding theft?

Learning Unit 8 Signup and view all the answers

What type of crime is focused on in Part C of CRW2602?

Crimes against the person Signup and view all the answers

What does Part D of CRW2602 address?

Crimes against property Signup and view all the answers

Which learning unit covers crimes related to damaging property?

Learning Unit 11 Signup and view all the answers

What is the purpose of the editor and styler in the publication?

To revise and style the published material Signup and view all the answers

What is the key argument the state prosecutor would rely on regarding the protesters' actions?

The protesters intended to disturb public peace and order. Signup and view all the answers

What evidence does the prosecutor cite to support a conviction for public violence?

The presence of tear-gas and police intervention. Signup and view all the answers

Why do the protesters refuse to disperse when asked by the police?

They believe their presence conveys a strong message. Signup and view all the answers

In the context of the Segopotsi case, what is sufficient for a conviction of public violence?

Intent or efforts to disturb the public peace. Signup and view all the answers

What might justify the use of tear-gas by the police in this scenario?

The size and defiance of the protest crowd. Signup and view all the answers

What constitutes public violence according to the scenario provided?

Collective actions intended to obstruct public order. Signup and view all the answers

What type of actions might escalate public disturbances into public violence?

Vandalism of property and physical assaults. Signup and view all the answers

Which scenario best illustrates a potential case of public violence?

Soccer fans damaging equipment and assaulting other supporters. Signup and view all the answers

What is primarily assessed when determining if a publication can influence the outcome of a case?

The potential risk of influence on the court by the publication Signup and view all the answers

In the context of contempt of court, what does mere speculation imply?

Unfounded assumptions without concrete evidence of influence Signup and view all the answers

What did the Pretoria High Court rule regarding the broadcasting of the Pistorius trial?

Broadcasting must be allowed under certain conditions Signup and view all the answers

What must be demonstrated to establish that a publication is unlawful concerning contempt of court?

A real risk of substantial prejudice occurring Signup and view all the answers

What distinguishes contempt of court ex facie curiae from other types of contempt?

It addresses publications outside the courtroom that may influence judicial outcomes Signup and view all the answers

What constitutional considerations were taken into account during the Pistorius trial broadcasting decision?

The need for accountability, transparency, and public access Signup and view all the answers

Which of the following is NOT a factor in assessing the potential impact of press freedom on justice?

Reputation of the publication in question Signup and view all the answers

In which case was it determined that press freedom could potentially prejudice justice?

Midi Television (Pty) Ltd t/a E-TV v Director of Public Prosecutions Signup and view all the answers

Which of the following is NOT a requirement for a declaration to be considered common-law perjury?

It must be made in writing Signup and view all the answers

How is 'defeating the course of justice' different from 'obstructing the course of justice'?

Defeating refers to a complete prevention of justice Signup and view all the answers

Which of the following actions can constitute an attempt to obstruct the course of justice?

Laying a false criminal charge Signup and view all the answers

In which scenario might a person be charged with attempting to obstruct the course of justice?

By filing a false complaint to the police Signup and view all the answers

What characterizes contempt of court in facie curiae?

It leads to a disruption of legal proceedings Signup and view all the answers

Which of the following behaviors does NOT constitute contempt of court?

Offering fair comments on a trial Signup and view all the answers

What is the role of the possibility of a real court case in charges of attempting to defeat the course of justice?

It is a necessary condition for charges to be filed Signup and view all the answers

How did the court in Bazzard 1992 define the wasting of police time?

As not amounting to a crime Signup and view all the answers

What must the court evaluate when considering limiting the publication of information to avoid prejudice?

The extent of the limitation and the purpose of the intrusion. Signup and view all the answers

In Harber 1988 (3) SA 396 (A), what did the Appellate Division clarify about proving intention?

Only negligence must be proven for an editor's contempt of court. Signup and view all the answers

What form of culpability is sufficient for a newspaper editor charged with contempt of court?

Proof of negligence. Signup and view all the answers

What is a consequence of the press's influence on public opinion in relation to legal responsibility?

The press should ensure accuracy due to its greater responsibility. Signup and view all the answers

What is required for a conviction of contempt of court for a journalist acting in a private capacity?

Proof of intention only. Signup and view all the answers

Which of the following is NOT one of the exceptions to the requirement of proving intention for common-law crimes?

Theft. Signup and view all the answers

What can influence the court's determination on limiting information publication?

The advantages versus disadvantages of the limitation. Signup and view all the answers

What is the general requirement for culpability in common-law crimes?

Proof of intention is generally required. Signup and view all the answers

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.