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Questions and Answers
What is the central reason a person's act can be considered lawful in a case of necessity?
What is the central reason a person's act can be considered lawful in a case of necessity?
Which of the following best describes the difference between necessity and private defense?
Which of the following best describes the difference between necessity and private defense?
What is required for the defense of superior orders to be valid?
What is required for the defense of superior orders to be valid?
Under the defense of impossibility, compliance with which element is crucial?
Under the defense of impossibility, compliance with which element is crucial?
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In the context of the defense of superior orders, what constitutes a manifestly unlawful order?
In the context of the defense of superior orders, what constitutes a manifestly unlawful order?
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What interest does a person primarily protect when acting under necessity?
What interest does a person primarily protect when acting under necessity?
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How does private defense operate in the context of legal obligations?
How does private defense operate in the context of legal obligations?
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Which of the following statements about acting in necessity is true?
Which of the following statements about acting in necessity is true?
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What is the primary characteristic of a perpetrator in the commission of a crime?
What is the primary characteristic of a perpetrator in the commission of a crime?
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In the case of Everts v S, why was the accused found guilty of rape?
In the case of Everts v S, why was the accused found guilty of rape?
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How is an accomplice defined in the context of participating in a crime?
How is an accomplice defined in the context of participating in a crime?
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What was the outcome of the appeal in the Everts v S case?
What was the outcome of the appeal in the Everts v S case?
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Which scenario best illustrates the role of an accomplice?
Which scenario best illustrates the role of an accomplice?
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Which statement is true regarding the case of S v Williams?
Which statement is true regarding the case of S v Williams?
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What differentiates a co-perpetrator from an accomplice?
What differentiates a co-perpetrator from an accomplice?
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Which of the following best describes the liability of participants in a crime?
Which of the following best describes the liability of participants in a crime?
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Which statement accurately describes incorporeal property according to the Cyber Crimes Act?
Which statement accurately describes incorporeal property according to the Cyber Crimes Act?
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What must a person intend to do in order to be guilty of theft?
What must a person intend to do in order to be guilty of theft?
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In the context of theft and marital property, what is true regarding a husband and wife?
In the context of theft and marital property, what is true regarding a husband and wife?
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What happens to a person who unlawfully borrows a thing and then abandons it?
What happens to a person who unlawfully borrows a thing and then abandons it?
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What is the minimum imprisonment period for a third or subsequent offender under the specified offence?
What is the minimum imprisonment period for a third or subsequent offender under the specified offence?
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What does the principle of res nullius imply regarding the theft of property?
What does the principle of res nullius imply regarding the theft of property?
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According to the Criminal Procedure Act, what can a prosecutor allege if they do not know the owner of stolen property?
According to the Criminal Procedure Act, what can a prosecutor allege if they do not know the owner of stolen property?
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According to the Supreme Court of Appeal, which acts may be prosecuted for sentencing purposes in cases involving firearms?
According to the Supreme Court of Appeal, which acts may be prosecuted for sentencing purposes in cases involving firearms?
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What must the State prove if it cannot establish the ownership of allegedly stolen goods?
What must the State prove if it cannot establish the ownership of allegedly stolen goods?
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What does the term 'manufacture' include according to section 1 of the Drugs and Drug Trafficking Act?
What does the term 'manufacture' include according to section 1 of the Drugs and Drug Trafficking Act?
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What is required to prove that a substance is a scheduled substance under section 3?
What is required to prove that a substance is a scheduled substance under section 3?
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Is lawful possession necessary for a theft charge to be valid?
Is lawful possession necessary for a theft charge to be valid?
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What is a condition for the prohibition of the manufacture or supply of scheduled substances?
What is a condition for the prohibition of the manufacture or supply of scheduled substances?
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What does section 121 indicate regarding the imposition of fines or imprisonment?
What does section 121 indicate regarding the imposition of fines or imprisonment?
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What substances are included in the definition of 'scheduled substances'?
What substances are included in the definition of 'scheduled substances'?
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What did the court remark in Tshabalala about fines imposed for serious offences?
What did the court remark in Tshabalala about fines imposed for serious offences?
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What does the principle discussed in the case primarily involve?
What does the principle discussed in the case primarily involve?
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Which type of firearm is explicitly prohibited under Section 4 of the Act?
Which type of firearm is explicitly prohibited under Section 4 of the Act?
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What is required for a firearm to be classified as prohibited under Section 4?
What is required for a firearm to be classified as prohibited under Section 4?
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Which of the following is NOT a consideration for determining possession according to the discussed principle?
Which of the following is NOT a consideration for determining possession according to the discussed principle?
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Under Section 4, what must occur for alterations to a firearm’s mechanism to be permissible?
Under Section 4, what must occur for alterations to a firearm’s mechanism to be permissible?
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What type of devices does Section 4 categorize as prohibited?
What type of devices does Section 4 categorize as prohibited?
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What happens if the serial number of a firearm is removed without permission?
What happens if the serial number of a firearm is removed without permission?
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Which of the following firearms may be classified as legal despite being home-made?
Which of the following firearms may be classified as legal despite being home-made?
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Study Notes
Culpability and Justification
- Culpability in murder cases is determined by the accused's beliefs.
- Justification for actions can be based on necessity or private defense.
- Necessity involves protecting oneself or others from imminent harm that cannot be averted in any other way.
- Private defense always involves an unlawful attack, while necessity can stem from lawful or unlawful acts, including acts of nature.
Impossibility
- Impossibility can justify failing to comply with a legal obligation.
- This defense applies when it's physically impossible for the accused to fulfill a legal requirement.
- Case example: Canestra v S 1951 2 SA 317 (A) 324.
Superior Orders
- Obedience to orders is a defense in military and police contexts.
- Subordinates must only obey manifestly lawful orders.
- If an order is unlawful, the subordinate is not obligated to obey and may be liable for unlawful acts.
- Case example: S v Mostert 2006 1 SACR 560 (N).
Participation in Crime
- Participation in crime involves perpetrators and accomplices.
- A perpetrator's conduct satisfies all elements of the crime, while an accomplice's actions facilitate the crime but don't directly fulfill all elements.
- Case example: Everts v S (A497/10) ZAWCHC 246 (31 May 2011) - distinguishes between perpetrator and accomplice.
- Case example: S v Williams 1980 1 SA 60 (A) 63 - discusses whether co-accused should be charged as a co-perpetrator or accomplice.
Theft of Incorporeal Property
- Incorporeal property, like electricity, can be stolen.
- Case example: S v Ndebele 2012(1) SACR 245 (GSJ) - addresses theft of electricity.
- Intention to steal requires:
- Intentional appropriation
- Depriving owner of property permanently
- Awareness that the property can be stolen
- Understanding that the act is unlawful.
- Case example: Boesak v S 2000 (1) SACR 633 SCA.
Ownership and Theft
- Res nullius (property belonging to no one) cannot be stolen.
- Prosecutors are encouraged to identify property owners in charge sheets, but this information isn't always available.
- Ownership is not an element of theft.
- The State must prove the property isn't res nullius if they cannot identify the owner.
- Case example: S v Kariko A O 1998(2) SACR 531 Nm.
Lawful Possession and Theft
- Lawful possession isn't a prerequisite for theft.
- Intention to exercise possession through an actual detentor is key.
- The detentor must intend to hold the property on behalf of the group.
Firearms Control Act 60 of 2000
- Prohibited Firearms:
- Fully automatic firearms
- Guns, cannons, mortars, launchers
- Frames, bodies, barrels of such weapons
- Projectiles or rockets for cannons or mortars
- Imitations of prohibited devices
- Firearms with altered mechanisms, caliber, or barrel length
- Firearms with altered or removed serial numbers.
- Homemade firearms qualify as prohibited if they meet the Act's requirements.
- Contraventions of the Act carry specific penalties, including imprisonment.
- Case example: Tshabalala 2006 (1) SACR 120 (WLD) - discusses the severity of penalties for Firearms Control Act violations.
- The National Director of Public Prosecutions can prosecute under the Firearms Control Act or the Criminal Law Amendment Act 105 of 1997, or both.
- Case example: Motloung 2016 (2) SACR 243 (SCA).
Drugs and Drug Trafficking Act 140 of 1992
- Prohibits manufacturing and supplying scheduled substances.
- Manufacture includes preparing, extracting, and producing.
- "Scheduled substance" refers to substances listed in Schedule 1.
- The accused must have known or suspected that the scheduled substance was for unlawful drug manufacture.
Further Considerations
- The notes include legal concepts, definitions, and case law.
- They focus on key aspects of culpability, justification, and criminal offenses, particularly theft and firearms offenses.
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Description
Test your understanding of culpability, justification, and defenses in criminal law. This quiz covers essential concepts such as necessity, impossibility, and the implications of superior orders in legal contexts. Explore key cases that illustrate these principles as you assess your legal knowledge.
