Criminal Law: Omission and Unlawfulness

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Questions and Answers

What must the state prove to convict a person of obstructing the course of justice?

That justice was merely obstructed or subverted (correct)

That there was an intention to commit a crime

That justice has been defeated

That the conduct was inadvertent

In which circumstance can perjury not be committed?

While affirming before a judicial officer

In an affidavit during civil proceedings

Within a police statement under oath (correct)

During sworn court testimony

What distinguishes defeating the course of justice from obstructing it?

The outcome of the conduct (correct)

The intention behind the act

The duration of the conduct

The location of the conduct

Which form of intention is sufficient for contempt of court cases?

Dolus eventualis Signup and view all the answers

Murder can be committed through which of the following means?

Through an omission or an act Signup and view all the answers

Which of the following statements about judicial proceedings is true?

They can involve false statements made in civil matters Signup and view all the answers

What proves that a person has committed murder?

The unlawful and intentional causing of another’s death Signup and view all the answers

What is the significance of the term 'dolus eventualis' in murder cases?

It denotes an awareness of possible death occurring Signup and view all the answers

Under what condition can an omission be punishable?

If there is a legal duty to act Signup and view all the answers

Which of the following cases exemplifies a breach of contractual duty leading to criminal liability?

Pittwood Signup and view all the answers

In which situation does a duty arise due to the control of a dangerous object?

A keeper failing to secure a baboon Signup and view all the answers

Which of the following is an example of a protective relationship that establishes a duty to act?

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

What establishes a duty for an individual due to their professional position?

Their incumbent role in law enforcement Signup and view all the answers

How can a previous positive act lead to a legal duty to act?

By generating foreseeable obligations Signup and view all the answers

Which law establishes the duty for taxpayers to file their taxes timely?

Income Tax Act Signup and view all the answers

What is the nature of an omission in legal terms?

It is a less common basis of criminal liability Signup and view all the answers

What is the basis for a conviction of theft in relation to the possession of stolen property?

De facto possession by the thief is sufficient for conviction. Signup and view all the answers

Under which condition can multiple persons be convicted of theft regarding the same property?

If they each had knowledge that the property was stolen. Signup and view all the answers

What does S36 of the General Law Amendment Act primarily address?

The offense of failing to account satisfactorily for possession of suspicious goods. Signup and view all the answers

Which criterion must be met for a person to be charged under S36 of the General Law Amendment Act?

The police must have a reasonable suspicion the goods are stolen. Signup and view all the answers

Why may a person who steals from a thief still be prosecuted for theft?

Stealing from a thief does not negate the act of theft. Signup and view all the answers

Which statement best describes theft in the context of jurisdiction?

A person can be tried for theft in any jurisdiction where they are apprehended. Signup and view all the answers

What must an accused person demonstrate to avoid a conviction under S36 when found with suspicious goods?

Provide a satisfactory account for the possession of the goods. Signup and view all the answers

What does the principle of de facto possession illustrate in theft cases?

Possession alone can establish guilt in theft cases. Signup and view all the answers

What distinguishes a semi-automatic firearm from an automatic firearm?

Semi-automatic firearms fire one shot for each trigger pull, while automatic firearms fire continuously until released. Signup and view all the answers

Which category of firearms can a private individual legally possess without a license?

Semi-automatic firearms with a serial number. Signup and view all the answers

What does section 4 of the Act specifically address regarding firearms?

The unlawful possession of automatic firearms, regardless of serial numbers. Signup and view all the answers

In terms of licensing, what type of firearm falls under section 3 of the Act?

A 'normal' firearm with a serial number but no license. Signup and view all the answers

What is a key characteristic of automatic firearms as mentioned in the content?

They continuously chamber and fire rounds when triggered. Signup and view all the answers

Which statement correctly represents a 'normal' firearm in relation to the outlined sections?

They may be legally possessed if they are registered and licensed. Signup and view all the answers

What is required by a shooter to discharge a shot from a semi-automatic firearm?

Actuation of the trigger. Signup and view all the answers

How does the possession of a firearm without a serial number usually categorize the firearm?

It constitutes an automatic firearm offense. Signup and view all the answers

What is necessary for an act to be considered lawful in terms of self-defense?

The response must be proportional to the first attack. Signup and view all the answers

Which of the following statements accurately describes unlawfulness?

An act is unlawful if it is unjustified and prohibited conduct. Signup and view all the answers

In the case Papu 2015, why was the conduct of the accused not regarded as unlawful?

The attacker was believed to be an intruder on the property. Signup and view all the answers

What can be concluded about the necessity of defensive action in self-defense scenarios?

The threat must be imminent to justify defensive action. Signup and view all the answers

Which of the following statements regarding private defense is false?

The defensive action can exceed what is necessary to repel the attack. Signup and view all the answers

In the case Teixeira, what did the court find regarding the appellant's reaction to the threat?

The circumstances justified the appellant's immediate reaction. Signup and view all the answers

What must an individual consider to lawfully use force in defense of property?

Whether the attacker posed an immediate threat to their life. Signup and view all the answers

What key aspect defines an act as unlawful under the discussed framework?

Acts that are unjustified and prohibited by law. Signup and view all the answers

Study Notes

Omission

An omission is a failure to act, and is only criminal if there is a legal duty to act positively.
These duties arise from:
- Contract - Failure to fulfill contractual obligations can be criminal.
- Act or Statute - Laws may impose a duty to act, such as filing taxes on time.
- Dangerous Object - A duty to control a dangerous object to prevent harm.
- Protective Relationship - Parents and guardians have a duty to care for children.
- Office - Certain individuals like police officers or medical practitioners have duties based on their roles.
- Previous Positive Act - Creating a situation that requires action can lead to a duty to act.

Unlawfulness

Unlawfulness is unjustified conduct, and is a key element in criminal liability.
Grounds of justification may excuse conduct that otherwise meets the definition of a crime.

Defences Exluding Unlawfulness

Private Defence - A lawful use of force to defend oneself or another from an unlawful attack.
- The attack must be unlawful, against interests that should be protected (life, bodily integrity, property), and the defensive action should be necessary, directed at the attacker, and no more harmful than necessary.
Necessity - An act is justified by necessity if it is the only way to prevent a greater harm.
Consent - Consent to an act may justify it, but only if the consent is freely and voluntarily given and the person consenting is capable of understanding the nature of the act.
Official Capacity - Conduct by law enforcement officers is sometimes justified by their official duties.

Contempt of Court

Contempt of Court - Conduct that undermines the authority of the court.
- Contempt can be:
  - In facie curiae (in the face of the court): Disrespectful behavior or interference with court proceedings taking place.
  - Ex facie curiae (outside the court): Interference with the administration of justice outside of the physical courtroom.
  - Dolus eventualis (intent) is sufficient for conviction of contempt of court.

Defeating or Obstructing the Course of Justice

Defeating the Course of Justice - Making it impossible for justice to be administered.
- Requires proof that justice was actually defeated.
Obstructing the Course of Justice - Interfering with or hindering the administration of justice.
- Requires proof of interference or hindering.

Perjury

Perjury - Making a false statement under oath in a judicial setting.
- May be verbal or in the form of an affidavit.
- Only applies to statements made during judicial proceedings.

Murder

Murder - The unlawful and intentional causing of the death of another human being.
- May be caused by an act or an omission.
- Intention can be direct (dolus directus) or indirect (dolus eventualis).

Theft

Theft - The unlawful and intentional taking of property belonging to another person.
- The taking must be without the owner's consent.
- Assumption of control by the thief is sufficient for theft, even if the owner has not lost control of the property.
Theft is a continuing crime - A person can be prosecuted in the area where they are found with the stolen property, even if the theft took place in another area.
Multiple individuals can be convicted of theft of the same property, even if they possessed it at different times, provided they each knew the property was stolen.

S36 of the General Law Amendment Act 62/1955

S36 of the General Law Amendment Act - A statutory offense related to property theft.
Elements of the Offense -
- Possession of goods for which there is a reasonable suspicion of theft
- Failure to give a satisfactory account for possession of the goods
- Accused must be found with the goods in possession at the time of questioning
- The test for reasonable suspicion uses the standard of a reasonable person.

Firearms

Firearms - The Act (unspecified) deals with the unlawful possession of firearms.
- Semi-automatic firearms - Fire one shot per trigger pull.
- Automatic firearms - Fire continuously when the trigger is held down.
- Firearms without serial numbers - Prohibited under the Act.
Section 3 of Act - Prohibits possession of "normal" firearms (semi-automatic or non-automatic) with serial numbers without a license.
Section 4 of Act - Prohibits possession of firearms without serial numbers, including all automatic firearms, and therefore, automatic firearms cannot be licensed.
Contravention of Section 4 - Always applicable for unlawful possession of an automatic firearm.
Contravention of Section 3 - Applies to unlawful possession of a firearm with a serial number that could be licensed if the possessor had a license, but the possessor does not have a license.

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Description

This quiz covers important concepts in criminal law, focusing on omission and unlawfulness. It outlines the legal duties to act and explores various defenses that may exclude unlawfulness in criminal liability. Test your understanding of these fundamental principles!