Criminal Law Overview
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Questions and Answers

Which legal document imposes a duty on individuals to report acts of high treason in South Africa?

  • The Bill of Rights
  • The High Treason Act (correct)
  • The common law
  • The Constitution

What does aberratio ictus refer to in legal terms?

  • A mistake concerning procedural issues
  • A mistake related to the chain of causation (correct)
  • An intentional act without unlawful intent
  • A mistake which does not affect the legal standing

What is the general understanding of legal duty regarding omissions?

  • Individuals are legally required to act if mandated by community standards. (correct)
  • Legal duty exists only if the community’s beliefs support it.
  • There is no legal duty to act in any situation.
  • A moral obligation exists regardless of legal convictions.

Which element is typically included in the definitional elements of a crime?

<p>The nature of the prohibited act (C)</p> Signup and view all the answers

Which of the following statements about courts and crimes is correct?

<p>Courts are allowed to extend existing crime definitions. (B)</p> Signup and view all the answers

In the case of Sv Mostert, what was the defense used by the accused?

<p>The defense argued obedience to orders was the basis for his actions. (D)</p> Signup and view all the answers

Does the new law regarding dressing appropriately in public adhere to the principle of legality?

<p>No, it is vague and open to interpretation. (B)</p> Signup and view all the answers

What can typically be found within the scope of culpability required for a crime?

<p>The necessary mental state for committing the act (B)</p> Signup and view all the answers

What does it indicate if the law is vaguely formulated?

<p>It may not comply with the principle of legality. (B)</p> Signup and view all the answers

In the context of private defence, who would a reasonable person typically disregard?

<p>A reasonable person would normally protect interests that are legally acknowledged. (C)</p> Signup and view all the answers

When trying to establish X's intention, which perspective should the court adopt?

<p>The perspective of an ordinary person at the time of the act. (D)</p> Signup and view all the answers

What constitutes an inchoate crime?

<p>Planning a crime but ultimately abandoning it. (C)</p> Signup and view all the answers

In which scenario may X rely on private defence according to established legal principles?

<p>When defending against a threat to property. (D)</p> Signup and view all the answers

What legal consequence does X face after consistently ignoring warning signs at a railway crossing?

<p>X's actions were too reckless to be considered lawful. (D)</p> Signup and view all the answers

What is implied by dolus eventualis in a legal context?

<p>It indicates that the individual acknowledges the possibility of the outcome. (A)</p> Signup and view all the answers

Which best describes a scenario where an attack is considered threatening but completed?

<p>Private defence is invalid if the attack is completed. (A)</p> Signup and view all the answers

In cases where X's bodily movements are subject to his will, which of the following terms applies?

<p>Voluntary force (A)</p> Signup and view all the answers

What is a common legal term used to refer to intention?

<p>Dolus (B)</p> Signup and view all the answers

In the scenario where X kills Y in a fit of rage, what is likely the outcome of X's plea of provocation?

<p>Guilty as provocation is not a defence (B)</p> Signup and view all the answers

What must conduct be in order to lead to liability?

<p>Voluntary (D)</p> Signup and view all the answers

What did the Constitutional Court decide in Masiya v Director of Public Prosecutions regarding common-law rules?

<p>Courts may not alter common-law rules (C)</p> Signup and view all the answers

Which entity assists the court in determining an accused's mental illness or defect?

<p>A mental health expert (A)</p> Signup and view all the answers

How are the bodily movements of a sleepwalking person viewed in terms of conduct?

<p>Not considered an act (D)</p> Signup and view all the answers

Which act recognizes the principle of legality?

<p>The South African Constitution 1996 (B)</p> Signup and view all the answers

What defines an act as voluntary in legal terms?

<p>X's ability to subject their bodily movements to will or intellect. (A)</p> Signup and view all the answers

In what scenarios is X's ability to control bodily movements excluded?

<p>In cases of absolute force. (C)</p> Signup and view all the answers

What is the generally accepted test for determining negligence?

<p>Objective. (A)</p> Signup and view all the answers

Which of the following best describes the principle of legality in law?

<p>Courts must interpret wording in crime definitions strictly or narrowly. (D)</p> Signup and view all the answers

In the case of Sv Goosen 1989, what was established regarding joiners-in?

<p>Joiners-in share the same liability as perpetrators. (C)</p> Signup and view all the answers

In the context of X administering a lethal injection to Y, what is a legitimate argument against using consent as justification?

<p>Y was not in a position to provide informed consent due to pain medication. (B)</p> Signup and view all the answers

Which of the following is not a factor in X's ability to execute a negligent act?

<p>X's intent to cause harm. (C)</p> Signup and view all the answers

What is a common misconception regarding the necessity of consent in medical euthanasia cases?

<p>Consent must be explicit and documented. (A)</p> Signup and view all the answers

Flashcards

High Treason Duty

Duty to report planned or committed high treason to the police.

Aberratio Ictus

Mistake in the chain of causation, a form of mistake affecting intention.

Omissions General Rule

Legal duties to act positively arise from legal, not moral, community convictions.

Crime Definitional Elements

Crime definitions describe the prohibited act and required culpability, not unlawfulness (or defenses).

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Court's Power on Crimes

Courts interpret crimes, can extend their application, but cannot create new crimes or set specific punishments.

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Mostert Defense

Defense of obedience to orders, rejected in Sv Mostert 2006.

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Principle of Legality

A law must be clear and precise before it can apply to criminal responsibility.

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South African High Treason

High treason is covered within specific legislation; not just under common law (or the constitution itself).

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Principle of Legality

Legal rules must be clear, precisely defined, and not apply retroactively.

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Private Defence

Using force to protect oneself or another against an imminent, unlawful attack.

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Criminal Intention

Mental state of the accused at the time of the act, crucial in proving guilt .

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Inchoate Crimes

Crimes involving attempts or preparations to commit a crime, rather than the crime itself.

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Valid Private Defence

Justification of using force in self-defence depends on attack being immediate and unlawful, not a future threat.

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Culpable Homicide

Unlawful killing with a guilty mind (mens rea)

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Murder

Killing with the direct or indirect intention of causing death or with the awareness that death is a highly probable outcome.

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Dolus eventualis

Accepting a criminal outcome as a consequence or probable consequence of your actions.

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Voluntary Conduct

Bodily movement controlled by the person's will or intellect.

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Intention in Law

In legal terms, intention is often referred to as "direct" or "dolus" (with criminal intent).

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Provocation Defense (Murder)

A possible defense in murder cases where the accused was angered and killed another person in response.

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Mental Illness Evidence

Expert psychiatric evidence is necessary for determining an accused's mental state.

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Sleepwalking and the Law

Sleepwalking actions are considered involuntary, thus not legally culpable.

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Principle of Legality

Legal basis for criminal conduct; laws must be clear, specific, and publicized before being enforced.

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Criminal Liability

Responsibility for a crime, often through direct action, whether using a weapon or an animal.

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Constitutional Court's Power

Power of the court to consider the constitutionality of common law but not modify a crime's application to any detriment of the accused.

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Voluntary Act

An act where the individual can control their bodily movements and intellect.

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Involuntary Act (Force)

Actions not under the individual's control, excluding will or intellect.

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Negligence Test

A standard that objectively assesses the reasonable person's actions.

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Principle of Legality

Laws must be clear, precise, and apply only to actions committed after the legislation's enacting date.

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Chain of Causation

The sequence of events leading up to a result, where mistakes may influence criminal intent.

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Consent Justification

The legally valid agreement to an action, often used as a defense in criminal cases.

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Joiner-in

A person who adds to or joins an existing criminal act.

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Murder Charge

Accusation of killing another human being with intent or awareness of likely death.

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Study Notes

Criminal Law Study Notes

  • High Treason: A duty is imposed on individuals who owe allegiance to South Africa, to report acts of high treason to the police immediately.

  • Aberratio Ictus: A mistake relating to the chain of causation, not a mistake relating to unlawfulness, and not a form of mistake excluding intention.

  • Omissions: General rule – there is a moral duty to act positively if the community requires it. However, legal duty arises only if the legal convictions of the community require positive action from the individual.

  • Definitional Elements of a Crime: Always describe the crime's unlawfulness, possible defenses, the prohibited act (e.g., possession or sexual penetration), and required culpability (blameworthiness).

Courts and Their Powers

  • Courts' Role in Interpreting Crimes: Courts interpret existing crimes but don't have the power to create new ones. They can extend existing crime's application areas.

  • Private Defence: The attack is aimed at a protectable interest that a reasonable person would protect.

  • Self-Defence in Law: Defence's criteria are usually met when the threat of attack is imminent, or the defence is proportionate and necessary.

  • Obedience to Orders: A valid defense in certain limited circumstances, as seen in relevant case law (Sv Mostert).

Criminal Intent

  • Intention and Criminal Law: Intention in crime is primarily interpreted as the position of an ordinary person relating to the act, at the time of the act.
  • Mental State: Expert evidence is used to assess the accused's mental state to determine if there was a lack of culpability (intent).

Principles of Legality

  • Principle of Legality: Laws should be clear; new crimes are subject to this principle. If not, they can't be applied retrospectively.
  • Ambiguity in Laws: Laws must be clearly written to avoid any ambiguity.
  • Existing Laws, Application: Courts have the power to apply existing laws to circumstances similar to what was intended by the law's creation.

Defences in Criminal Law

  • Provocation: Not a valid defense for murder cases.
  • Consent: In certain contexts, consent can be a ground for justification for an act.
  • Mental Capacity: Certain mental defects may be considered to negate voluntary conduct.
  • Mistake of Fact: Mistake of fact can eliminate intent in cases where the facts differ significantly from what the accused believed.

Additional Points

  • Inchoate Crimes: These involve attempts or conspiracies to commit a crime, which can also be punishable.

  • Private Defence: This includes the use of force to protect oneself or others when facing an imminent threat..

  • Culpability: The degree to which the accused is morally responsible for the crime.

  • Voluntary Conduct: A crucial element of criminal liability – it must be proven that the accused's action resulting in the crime was voluntary.

  • Constitutional Law Considerations: Courts have important roles in ensuring that laws are consistent with constitutional principles.

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Related Documents

CRW2601 Oct/Nov 2023 Exam PDF

Description

This quiz covers key concepts in criminal law, including high treason, the legal principles of omissions, and the role of courts in interpreting crimes. It also discusses the definitional elements of a crime and possible legal defenses. Test your knowledge on these foundational topics in criminal law!

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