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Questions and Answers
What is the primary focus of the Criminal Procedure Act?
What is the primary focus of the Criminal Procedure Act?
Which act provides updates related to domestic violence legislation?
Which act provides updates related to domestic violence legislation?
What is the significance of the Law of Evidence in criminal procedures?
What is the significance of the Law of Evidence in criminal procedures?
Which act was developed specifically for dealing with drug-related crimes?
Which act was developed specifically for dealing with drug-related crimes?
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What aspect does 'Modern Technology' impact regarding evidence in criminal law?
What aspect does 'Modern Technology' impact regarding evidence in criminal law?
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Which of the following statements about common law crimes is correct?
Which of the following statements about common law crimes is correct?
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Which amendment specifically addresses sexual offences in criminal law?
Which amendment specifically addresses sexual offences in criminal law?
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What is the purpose of the Criminal Matters Amendment Act 18 of 2015?
What is the purpose of the Criminal Matters Amendment Act 18 of 2015?
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Which subject matter is NOT typically included in the basic principles of criminal law?
Which subject matter is NOT typically included in the basic principles of criminal law?
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What does the Child Justice Act 75 of 2008 primarily address?
What does the Child Justice Act 75 of 2008 primarily address?
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What was the outcome for the accused in Papu 2015 2 SACR 313 (ECB)?
What was the outcome for the accused in Papu 2015 2 SACR 313 (ECB)?
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What must be established to determine if theft has occurred?
What must be established to determine if theft has occurred?
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In the case of Teixeira v S 1980 3 SA 755, what was emphasized as unnecessary during the altercation?
In the case of Teixeira v S 1980 3 SA 755, what was emphasized as unnecessary during the altercation?
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Which of the following is NOT a consideration in assessing culpable homicide?
Which of the following is NOT a consideration in assessing culpable homicide?
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According to Mokgiba 1999 1 SACR, what must happen for a person to act in self-defense?
According to Mokgiba 1999 1 SACR, what must happen for a person to act in self-defense?
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What key principle regarding self-defense was highlighted in S v Engelbrecht 2005 2 SACR 41 (W)?
What key principle regarding self-defense was highlighted in S v Engelbrecht 2005 2 SACR 41 (W)?
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Which element is required to prove assault with intent to do grievous bodily harm?
Which element is required to prove assault with intent to do grievous bodily harm?
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What is necessary for an action to be considered justified self-defense according to Ngobeni v S 2014 ZASCA 59?
What is necessary for an action to be considered justified self-defense according to Ngobeni v S 2014 ZASCA 59?
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To establish crime iniuria, which factor is essential?
To establish crime iniuria, which factor is essential?
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What is a requirement for the act of kidnapping?
What is a requirement for the act of kidnapping?
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In the context of self-defense, what type of attack does the law specify as necessary for an appropriate defensive response?
In the context of self-defense, what type of attack does the law specify as necessary for an appropriate defensive response?
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What did the court conclude in cases where the accused had time to escape an imminent attack?
What did the court conclude in cases where the accused had time to escape an imminent attack?
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In the context of assault, which of the following factors is least relevant?
In the context of assault, which of the following factors is least relevant?
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When assessing self-defense claims, what factor is crucial for determining whether the response was proportionate?
When assessing self-defense claims, what factor is crucial for determining whether the response was proportionate?
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What does the test of possession require?
What does the test of possession require?
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What distinguishes the crime of criminal defamation?
What distinguishes the crime of criminal defamation?
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Who is exempt from the prohibition on dealing with dependence-producing substances under the Medicines Act?
Who is exempt from the prohibition on dealing with dependence-producing substances under the Medicines Act?
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Which group is NOT explicitly mentioned as part of those who may deal with dependence-producing substances according to the text?
Which group is NOT explicitly mentioned as part of those who may deal with dependence-producing substances according to the text?
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What is the suspended operation period for the order in paragraph 2 regarding the arrest of children?
What is the suspended operation period for the order in paragraph 2 regarding the arrest of children?
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Which condition is NOT allowed for acquiring dependence-producing substances for medicinal purposes?
Which condition is NOT allowed for acquiring dependence-producing substances for medicinal purposes?
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What distinguishes a semi-automatic firearm from an automatic firearm?
What distinguishes a semi-automatic firearm from an automatic firearm?
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What value of a dependence-producing substance elevates the offence under Section 13?
What value of a dependence-producing substance elevates the offence under Section 13?
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What is required for someone to be considered legally compliant in the acquisition of dependence-producing substances?
What is required for someone to be considered legally compliant in the acquisition of dependence-producing substances?
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Which option describes a condition under which a firearm's caliber must not be altered?
Which option describes a condition under which a firearm's caliber must not be altered?
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During the suspension of the order in paragraph 2, what action cannot be taken against a child?
During the suspension of the order in paragraph 2, what action cannot be taken against a child?
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Which of the following definitions best describes a revolver?
Which of the following definitions best describes a revolver?
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What type of firearm is described as having had its mechanism altered to fire more than one shot with a single trigger depression?
What type of firearm is described as having had its mechanism altered to fire more than one shot with a single trigger depression?
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What characterizes the substances mentioned as dangerous under the Drugs and Drug Trafficking Act?
What characterizes the substances mentioned as dangerous under the Drugs and Drug Trafficking Act?
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Which option correctly identifies a component that does not fall under the definition of fully automatic firearms?
Which option correctly identifies a component that does not fall under the definition of fully automatic firearms?
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Which firearms mechanism alteration requires written permission from the Registrar?
Which firearms mechanism alteration requires written permission from the Registrar?
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What characterizes ammunition considered unlawful possession?
What characterizes ammunition considered unlawful possession?
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What is the implication of altering a firearm's barrel length without permission from the Registrar?
What is the implication of altering a firearm's barrel length without permission from the Registrar?
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Study Notes
Criminal Law
- Criminal law defines offences and sets out the elements required for each specific offense.
- For an act to be considered criminal, it must be unlawful, directed against interests that should be protected, and imminent but not yet completed.
Public Violence
- Public violence includes acts of violence, intimidation, or destruction of property that are committed by a group of people.
- [Papu 2015 2 SACR 313 (ECB)]: The court found that the deceased's actions were not unlawful in this instance.
- The accused was convicted of murder.
Contempt of Court
- Contempt of court refers to acts that undermine the authority or integrity of the court.
Defeating or Obstructing the Course of Justice
- The court held ([S v Ncamane [2019] ZAFSHC 220 at para 5] that the accused deliberately obstructed the course of justice.
- The accused was convicted of the offense.
Murder
- Murder is the unlawful and intentional killing of another human being.
- The deceased's actions in self-defense were not regarded as unlawful in [Papu 2015 2 SACR 313 (ECB)].
- The accused was convicted of murder.
Culpable Homicide
- Culpable homicide is the unlawful and negligent killing of another human being.
- To be found guilty of culpable homicide, the prosecution must prove that a reasonable person in the same circumstances would have:
- foreseen the possibility of death resulting from the accused's conduct, and
- taken steps to prevent such a possibility.
Assault
- Assault is the unlawful and intentional application of force to another person.
- The accused was acquitted of the murder charge in [Teixeira v S 1980 3 SA 755 (A)] [765 A] because the court found that the deceased had threatened assault with the bottle.
- The court in [Mokgiba 1999 1 SACR] [534 (O) 550 ] stated that one cannot act in self-defense once the attack is completed.
Assault with the Intent to do Grievous Bodily Harm
- Assault with the intent to do grievous bodily harm is an aggravated form of assault.
- The prosecution must prove that the accused intended to cause serious bodily harm.
- Factors that might contribute to the prosecution's case include:
- the nature of the weapon used and how,
- the extent of the violence and how the injury was inflicted,
- the part of the body targeted by the blow, and
- the nature of the injuries, if any, sustained.
Crimen Iniuria
- Crimen iniuria is a crime involving the infringement of a person's dignity or reputation through insulting or offensive conduct.
- To prove a crimen iniuria, the prosecution must demonstrate that the victim:
- was aware of the accused's behavior, and
- felt degraded or humiliated by it.
Criminal Defamation
- Criminal defamation is the spreading of false and defamatory statements about another person with the intent to harm their reputation.
Kidnapping
- Kidnapping is the unlawful and intentional taking or detention of another person against their will.
Theft
- Theft is the unlawful and intentional taking of another person's property with the intent to permanently deprive the owner of their property.
- The court found the defendant guilty of theft in [Nkosi v S 2012 1 SACR 87 (GNP)].
- This case established that mere assumption of control over property is not sufficient to constitute theft.
- Effective exclusion of the lawful owner from their property is a critical element of theft.
Unlawful Possession of Firearms & Ammunition
- The Firearms Control Act regulates the possession and use of firearms.
- [S.90] defines the categories of firearms and ammunition subject to regulations.
- To be convicted of unlawful possession, the prosecution must prove that the accused:
- intentionally exerted control over the firearm or ammunition,
- intended to deprive the owner of their property permanently, and
- knew that the firearm or ammunition was capable of being ‘stolen’.
- The Act defines different categories of firearms, specifically referencing automatic firearms, semi-automatic firearms, and imitation firearms.
Drugs and Drug Trafficking Act 140 of 1992
- The Drugs and Drug Trafficking Act deals with the manufacture, supply, use, and possession of controlled substances.
- [S.3] prohibits the manufacture and supply of scheduled substances.
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[S.4] prohibits the use and possession of dependence-producing and dangerous dependence-producing substances, except in certain specific circumstances, including:
- medicinal purposes,
- authorized personnel,
- compliance with Medicines Act regulations, and
- legitimate possession by permitted personnel.
Dealing in Drugs
- [S.5] prohibits dealing in dependence-producing substances, with exceptions including medical purposes and compliance with Medicines Act regulations.
- The Act also includes provisions concerning the possession of drug paraphernalia.
- [S.13] outlines penalties for drug-related offenses, taking into account factors such as the value of the drugs involved and the involvement of organized crime.
- Cannabis legislation ([S.4(b)]) in the Act has been suspended pending legislative reform.
Domestic Violence Act 116 of 1998
- The Domestic Violence Act provides protection for victims of domestic violence, including physical, emotional, sexual, and economic abuse.
- It lays out procedures for obtaining protection orders and addresses the criminal aspects of domestic violence.
Child Justice Act 75 of 2008
- The Child Justice Act aims to protect the rights of children involved in the justice system.
- It sets forth a framework for dealing with children who commit offenses, emphasizing rehabilitation and diversion from the formal criminal justice system.
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Description
This quiz explores key concepts in criminal law, including definitions of offenses, the nature of public violence, contempt of court, and the elements of murder. Test your understanding of how the law categorizes actions and the legal precedents that shape criminal justice.
