Criminal Law Basics Quiz

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Questions and Answers

What is the primary focus of the Criminal Procedure Act?

Standards for evidence presentation in court

Guidelines for bail applications

Procedures related to the prosecution of criminal offences (correct)

Foundational principles of criminal law

Which act focuses specifically on the treatment of children in the criminal justice system?

Criminal Law (Sexual Offences) Act

Domestic Violence Act

Drugs and Drug Trafficking Act

Child Justice Act (correct)

What does the Criminal Law (Sexual Offences and Related Matters) Amendment Act focus on?

Defining statutory offences related to drug trafficking

Laying foundations for domestic violence claims

Changing procedures for bail applications

Addressing various sexual offences and enhancing penalties (correct)

What aspect of evidence law is covered in the laws referenced under 'Part II'?

Modern technology's impact on evidence presentation Signup and view all the answers

The Domestic Violence Amendment Act 14 of 2021 primarily aims to:

Strengthen protections for victims of domestic violence Signup and view all the answers

Which of the following publications addresses a selective discussion of drug-related laws?

Justice College note by B J King Signup and view all the answers

What does the term 'statutory offences' refer to in the context of the content provided?

Crimes that arise from statutes passed by legislation Signup and view all the answers

Which act was amended in 2021 to address issues surrounding domestic violence?

Domestic Violence Act Signup and view all the answers

What is covered under Part III of the content outlined?

The Criminal Procedure Act Signup and view all the answers

Which act specifically addresses the use and trafficking of drugs?

Drugs and Drug Trafficking Act Signup and view all the answers

What is a key requirement for the legality of an act in criminal procedure?

The act must be recognized as a crime before it takes place. Signup and view all the answers

In the context of dangerous objects, what creates a legal duty?

Accepting responsibility for dangerous items. Signup and view all the answers

What type of relationship may impose a duty of care according to the law?

A protective relationship between parent and child. Signup and view all the answers

In which scenario does a duty arise from a previous positive act?

An individual leaving someone injured without help. Signup and view all the answers

What is one possible source of a legal duty aside from conduct?

An order from a court. Signup and view all the answers

In the case of `Minister van Polisie v Ewels`, what was emphasized regarding a policeman’s duty?

Policemen must act to assist victims of crimes they witness. Signup and view all the answers

Which of the following is considered a defense excluding unlawfulness?

Private Defence. Signup and view all the answers

The law of evidence primarily deals with which aspect of criminal procedure?

The admissibility and relevance of evidence. Signup and view all the answers

What is required to establish the crime of theft?

Intentionally appropriating the property Signup and view all the answers

Which factor is NOT considered when assessing culpable homicide?

The actions of the deceased Signup and view all the answers

For an assault with intent to cause grievous bodily harm, which of the following elements is essential?

The nature of the weapon used Signup and view all the answers

In the context of crimen iniuria, what does the victim need to experience?

Feelings of degradation or humiliation Signup and view all the answers

Which of the following elements does NOT apply to the definition of kidnapping?

The motive for personal gain Signup and view all the answers

What must be established for a claim of criminal defamation?

The statement made must be false Signup and view all the answers

For assault, which of the following considerations is critical in assessing the act?

The extent of injuries sustained by the victim Signup and view all the answers

To prove intent in public violence, which element is most relevant?

The intention to affect public order Signup and view all the answers

What was the main factor that contributed to the accused's conviction in the case of Papu 2015?

The accused's actions were deemed as unlawful. Signup and view all the answers

In Teixeira v S, what was indicated to the appellant regarding potential actions during the incident?

Seeking safety in flight was unrealistic given the circumstances. Signup and view all the answers

What essential requirement must be met for an act of self-defense according to the principle discussed in the content?

It must be necessary to protect against an imminent threat. Signup and view all the answers

According to Mokgiba 1999, what happens once an attack is completed?

No further defensive actions can be taken. Signup and view all the answers

What does the court emphasize about the necessity of a defensive act in S v Engelbrecht?

It must be taken before any legal remedies are considered. Signup and view all the answers

What principle regarding the relationship between an attack and a defensive act is highlighted in Ngobeni v S?

All defensive acts must be proportionate to the attack. Signup and view all the answers

What was the response of the court regarding the appellant's ability to escape in Teixeira v S?

Appellant showed no desire to escape. Signup and view all the answers

In the context of self-defense, what must be true about the attack according to the legal principles outlined?

The attack must be considered imminent. Signup and view all the answers

Under what condition can an order be considered lawful authority?

The order must be given by a person lawfully placed in authority over the accused. Signup and view all the answers

Which statement best distinguishes 'necessity' from 'private defense'?

Private defense always targets unlawful attacks, while necessity can arise from any situation. Signup and view all the answers

What defines an accomplice in a crime?

An accomplice unlawfully facilitates the commission of a crime by another person. Signup and view all the answers

In the context of disciplinary chastisement, which condition must be met?

The chastisement must not exceed what is necessary. Signup and view all the answers

What aspect is crucial to establishing participation in a crime?

The objective nature of possession is essential for accountability. Signup and view all the answers

Which statement is accurate regarding the Doctrine of Common Purpose?

It allows for shared liability among participants in a crime. Signup and view all the answers

What limitation applies when invoking impossibility as a defense?

The harm caused must exceed what is necessary. Signup and view all the answers

What is a key characteristic of 'de minimis non curat lex' in legal terms?

It states that the law does not concern itself with trifles. Signup and view all the answers

Study Notes

Introduction

Criminal law outlines offences and elements needed for specific crimes
Criminal procedure dictates procedures for gathering and presenting evidence
Evidence law governs admissibility and relevance of evidence in court

Part 1: Basic Principles of Criminal Law

Legality - The law must clearly define the act/conduct as a crime before the conduct occurs
Conduct and Voluntariness
- Positive Conduct (Act)
- Omission (Failure to Act)
Dangerous Object - A duty to act arises when a person takes responsibility for a potentially dangerous object but fails to control it properly
- Fernandez v S 1966 2 SA 259 (A): Fernandez kept a baboon and failed to repair the cage, leading to the animal biting a child who died. Fernandez was convicted of culpable homicide.
Protective Relationship - A duty arises when someone has a legal obligation to protect another person. This applies to parents, guardians, and partners in relation to children.
- Chenjere v S 1960 1 SA 473 (FC): A partner failed to feed a child, resulting in the child's death. The partner was convicted of murder.
Office Incumbency - A duty may arise from holding a specific position like a medical practitioner or police officer.
- Minister van Polis v Ewels 1975 3 SA 590 (A): A policeman on duty who witnesses an assault has a duty to intervene.
Previous Positive Act - A duty to act arises from an action that creates a situation requiring further action.
- S v Van Aardt 2009 1 SACR 648 (SCA): The accused assaulted the victim then left them without medical attention. The accused was convicted of murder.
Court Order - A legal duty to act may result from a court order.
- If someone is ordered to pay maintenance and fails to do so, they may be charged with contempt of court.

Part 2: The Law of Evidence

Modern Technology
- Impact on the presentation of evidence

Part 3: The Criminal Procedure Act

Criminal Procedure - Sets out the procedures for pursuing an investigation and apprehending a suspect

Part 4: Sentencing

Sentencing - Determines the consequences for a criminal act.

Defences Excluding Unlawfulness

Private Defence
- Unlawful Attack: The attack must be unlawful, e.g., firing a shot at perceived intruders (Papu 2015 2 SACR 313 (ECB)).
- Protected Interests: The defence must be against interests that warrant protection, e.g., an imminent threat of assault (Teixeira v S 1980 3 SA 755 (A)).
- Imminent Attack: The attack must be imminent but not yet completed (Mokgiba 1999 1 SACR 534 (O)).
- Direction: Defence must be directed against the attacker.
- Necessity: The defensive act must be essential to protect the interest threatened (S v Engelbrecht 2005 2 SACR 41 (W)). - Proportionality: There must be a reasonable relationship between the attack and the defensive act (Ngobeni v S 2014 ZASCA 59).
- Awareness: The defender must be aware they are acting in self-defence.
Necessity - Can stem from unlawful acts or chance circumstances. The action is directed towards protecting an innocent party.
Impossibility -
Superior Orders - The order must be lawful, the accused under a duty to obey, and no more harm than necessary was caused by the order.
Entrapment -
De Minimis Non Curat Lex - "The law does not concern itself with trifles."
Official Capacity -
Disciplinary Chastisement -

Criminal Capacity

The mental ability to understand the nature and consequences of their actions and to control their conduct.

Fault / Culpability

Intention (Dolus) - The accused had a conscious desire to commit the crime.
- Direct Intention (Dolus Directus) - The specific aim was to commit the crime.
- Indirect Intention (Dolus Indirectus) - The accused foresaw the consequences of their action but did not necessarily desire them.
- Dolus Eventualis - The accused foresaw a possibility of the consequence occurring and recklessly carried on with the action regardless.
Negligence (Culpa) - The accused failed to meet the standard of a reasonable person and their conduct caused the crime.

Participation in Crime

Perpetrators - A person who fulfills all the elements of the crime, including conduct and mental state.
Accomplices - A person who assists or facilitates the commission of the crime but doesn’t fulfill all the elements themselves.
- S v Williams 1980 1 SA 60 (A): The appellant held the victim while a co-accused stabbed them. The conviction as an accomplice was upheld.
Doctrine of Common Purpose
- When two or more people agree to commit a crime, they are held jointly liable even if only one person directly carries out the criminal act.
Possession/Joint Possession
- Physical Possession - The person has direct control over the item.
- Mental Possession - The person has knowledge and intent to control the item.

Executive Statements:

Legislation - Provides pronouncements and guidance from legislative and executive bodies concerning the law and how it will be applied.

Specific Offences:

Common Law Crimes

Public Violence - Unlawful and tumultuous conduct that endangers public peace.
Contempt of Court - Disrespectful or defiant behavior towards the court.
Defeating or Obstructing the Course of Justice - Actions that prevent or hinder the legal process.
Murder - Unlawful killing with intention (dolus).
- S v Ncamane [2019] ZAFSHC 220: The Court highlighted the significance of intention in murder cases.
Culpable Homicide - Unlawful killing without intention.
- The reasonable person test is applied:
  - Foreseeability: Would a reasonable person have foreseen death as a possible consequence?
  - Prevention: Would a reasonable person have taken steps to prevent the death?
Assault - Any act of violence that threatens the peace and security of another person.
Assault with the Intent to do Grievous Bodily Harm- Assault with the intention to cause serious injury.
- Factors considered:
  - Nature of the weapon and its usage
  - Violence severity and injury infliction
  - Part of the body targeted
  - Nature of the sustained injuries
Crimen Iniuria - Intentional conduct that injures the dignity, reputation, or feelings of another person.
- The victim must:
  - Be aware of the accused's behavior.
  - Feel degraded or humiliated by it.
Criminal Defamation - False and defamatory statements intended to harm someone's reputation.
Kidnapping - Unlawfully seizing and carrying away a person against their will.
Theft - Unlawfully and intentionally taking someone else's property without authorization.
- Nkosi v S 2012 1 SACR 87 (GNP): The case clarified that mere assumption of control over property doesn't constitute theft. Actual deprivation of the owner's rights is required.
- Key elements:
  - Deprivation of the owner’s property
  - Exercise of ownership rights over stolen property
  - Intentional appropriation
  - Intent to permanently deprive the owner
  - Knowledge of the property being capable of being stolen

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Description

Test your understanding of the fundamental principles of criminal law, including the legality of crimes and duties arising from various relationships. This quiz covers key concepts such as positive conduct, omission, and significant case law. Make sure you're familiar with the basic principles that govern criminal proceedings.