Criminal Law: Omission and Legal Duties

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Questions and Answers

What is required for an omission to be punishable under criminal law?

The omission must be unintentional.

There must be evidence of intentional disregard.

A legal duty to act positively must exist. (correct)

There is a general understanding that actions have consequences.

Which of the following is NOT a recognized legal duty that can lead to criminal liability for omission?

Act or Statute

Dangerous Object

Contractual Duty

Moral Obligation (correct)

What example illustrates a legal duty arising from a contractual obligation?

A doctor neglecting a patient.

A taxpayer not filing income taxes.

A level-crossing keeper not closing the gate. (correct)

A parent failing to supervise their child.

In which scenario does the duty to act arise from the control of a dangerous object?

A caretaker not locking up a dangerous dog. Signup and view all the answers

What can give rise to a legal duty in a protective relationship?

A parent failing to feed their child. Signup and view all the answers

Which situation describes a duty arising from a previous positive act?

A lifeguard rescuing a swimmer in distress. Signup and view all the answers

Who is likely to have a duty to act based on their office?

A police officer witnessing an assault. Signup and view all the answers

Which of the following statements is true regarding omissions and legal duties?

Omissions can result in liability if they breach a legal duty. Signup and view all the answers

What constitutes lawful possession of ammunition according to the Act?

Holding a dealer's licence or permit issued under the Act Signup and view all the answers

Which type of item is NOT considered ammunition under the Act?

Lead pellets from an air-rifle Signup and view all the answers

What is the maximum imprisonment period for a contravention of section 4 of the Act?

25 years Signup and view all the answers

In relation to what types of firearms do minimum sentences apply?

Automatic or semi-automatic firearms Signup and view all the answers

What is the minimum sentence for a first-time offender convicted under Part II of Schedule 2?

15 years Signup and view all the answers

What is defined as a 'cartridge' under the Act?

A complete object with a case, primer, propellant, and bullet Signup and view all the answers

According to the penalties, what is the maximum imprisonment period for section 3 and section 90?

15 years for both Signup and view all the answers

Which of the following would NOT authorize a person to possess ammunition?

Possessing ammunition without a licence Signup and view all the answers

What presumption does the Child Justice Act 75 of 2008 make regarding children below the age of 12?

They are presumed to lack criminal capacity. Signup and view all the answers

Which form of fault is sufficient for culpable homicide under common law?

Negligence. Signup and view all the answers

What is a requirement for liability in addition to unlawful conduct and capacity?

Fault on the part of the accused. Signup and view all the answers

What is required for children aged 12 to 14 regarding criminal capacity under the amended Child Justice Act?

The State must prove criminal capacity at the time of the offence. Signup and view all the answers

Which type of crime requires intent as a general rule?

Common-law crimes. Signup and view all the answers

Under the principle of statutory interpretation, what does the legislature intend regarding criminal liability?

Some form of fault as a requirement for liability. Signup and view all the answers

Which element is considered an essential component of every crime?

Fault or culpability. Signup and view all the answers

In the appeal discussed, what was concluded about the appellant's criminal capacity?

He did not lack criminal capacity. Signup and view all the answers

What constitutes a 'drug' according to the definition provided?

Any dependence producing substance. Signup and view all the answers

What was the main basis for the appellant's conviction in the Nkosi case?

Circumstantial evidence presented by the State. Signup and view all the answers

What did the Court find problematic with the trial court's consideration of evidence in the Nkosi case?

The reliance on the credibility of the appellant as the sole basis for judgment. Signup and view all the answers

What is a challenge mentioned regarding proof of drug dependency?

It could be difficult and often relies on circumstantial evidence. Signup and view all the answers

What type of substances were discussed that could complicate the definition of 'drug'?

Common household items like acetone. Signup and view all the answers

What is the key difference between defeating and obstructing the course of justice?

Only defeating requires proof beyond a reasonable doubt. Signup and view all the answers

In which scenario can perjury be committed?

Providing a false affidavit in civil proceedings. Signup and view all the answers

What type of intention suffices for contempt of court?

Dolus eventualis. Signup and view all the answers

Which of the following is not required for a conviction of perjury?

The statement must be true. Signup and view all the answers

What constitutes murder under the discussed definitions?

Intentional death of another human being. Signup and view all the answers

Which form of intention is not applicable to murder according to the described definitions?

Negligence. Signup and view all the answers

Which of the following would not be considered contempt of court?

Speaking respectfully to the judge. Signup and view all the answers

In which situation can a person be charged with defeating the course of justice?

Hiding evidence that could lead to a conviction. Signup and view all the answers

Study Notes

Omission (Failure to Act)

An omission (failure to act) is a less common basis for criminal liability than a positive act.
To be punished for an omission, there must be a legal duty to act positively.
Seven Legal Duties:
- Contractual Duty: A person may be obligated to act because of a contract, as seen in the case of Pittwood (1902) where a level-crossing keeper failed to close the gate, resulting in death.
- Act or Statute: Laws can impose a duty to act, such as the requirement for taxpayers to file their Income Taxes on time.
- Dangerous Object: A person who takes responsibility for a dangerous object has a duty to control it properly. Fernandez v S (1966) involved a baboon escaping from an inadequately repaired cage and biting a child.
- Protective Relationship: Individuals in protective relationships have a duty to care for the other person. This applies to parents, guardians, and even partners, as seen in Chenjere v S (1960).
- Office Holder: Certain roles, like medical practitioners or police officers, may create a duty to act. Minister van Polisje v Ewels (1975) established a policeman's duty to intervene in an assault he witnesses.
- Previous Positive Act: If a person creates a dangerous situation through a positive act, they have a duty to act to mitigate the danger.
- Child Justice Act 75 of 2008: This act, amended in 2019, addresses the criminal capacity of children. Children under 12 are presumed to lack criminal capacity, while those between 12 and 14 are presumed to have capacity, but the state must prove it.

Fault / Culpability

Fault is a necessary element of every crime.
It can take the form of intention (dolus) or negligence (culpa).
Most common-law crimes require intention, except for culpable homicide and contempt of court by a newspaper editor.
Statutory crimes can require either intention or negligence.

Participation in Crime

Contempt of Court: A person can be found liable for contempt of court even if the act doesn't take place in the presence of the presiding officer. Dolus eventualis (intention to cause a specific consequence) is sufficient for this crime.

Defeating or Obstructing the Course of Justice

This crime involves unlawful and intentional conduct that obstructs or prevents justice.
To be convicted of defeating justice, it must be proven that justice was actually defeated.
Obstructing justice only requires proof that the course of justice was interfered with.

Perjury

Perjury involves making a false statement under oath during judicial proceedings.
This can be done verbally or through an affidavit.
False statements made during a police investigation, while under oath, do not count as perjury if they do not involve a judicial proceeding.

Murder

Murder is the unlawful and intentional causing of another human being's death.
It can be committed through an act or an omission.
Two Types of Intention
- Dolus directus: The accused intended to kill the victim.
- Dolus eventualis: The accused foresaw the possibility of death and recklessly disregarded that possibility.

Firearms Control Act 60 of 2000

The Act regulates the possession and use of ammunition.
To legally possess ammunition, a person must have a license or meet one of the exceptions specified in the Act.
The Act defines ammunition as a primer or complete cartridge, including a cartridge case, primer, propellant, and bullet.

Offences and Penalties

Section 120: Establishes offenses related to the Act.
Section 121: Specifies penalties for violating certain sections, including fines and imprisonment up to 15 years.

Minimum Sentences

Criminal Law Amendment Act 105 of 1997: This Act sets minimum sentences for possessing automatic or semi-automatic firearms.

Drugs and Drug Trafficking Act 140 of 1992

"Drug" is defined as any dependence-producing substance, dangerous dependence-producing substance, or undesirable dependence-producing substance.
Section 3: Deals with the manufacture, cultivation, production, supply, and dealing in drugs.
Section 4: Covers the use and possession of drugs.
Section 90: Addresses the possession of drug paraphernalia.
Maximum Sentences:
- Section 3: 15 years
- Section 4: 25 years
- Section 90: 15 years

Circumstantial Evidence in Drug Cases

The prosecution may rely on circumstantial evidence in drug cases. The State must prove that the circumstantial evidence points to the defendant's guilt beyond a reasonable doubt.
In S v Nkosi (2008), the court overturned a conviction based solely on circumstantial evidence because the defendant had reasonable explanations for each piece of evidence.
S v Nkosi (2008) showed that courts must carefully examine all evidence and consider the totality of the evidence to ensure a fair verdict.

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Description

This quiz explores the concept of omission as a basis for criminal liability, focusing on the legal duties that may require individuals to act. It examines various legal duties, including contractual obligations and those arising from statutes, protective relationships, and scenarios involving dangerous objects. Test your understanding of these critical legal principles.