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Questions and Answers
F labelling assumes that citizens can distinguish between different offences.
F labelling assumes that citizens can distinguish between different offences.
True
Overcharging by prosecutors helps to accurately reflect blame in legal cases.
Overcharging by prosecutors helps to accurately reflect blame in legal cases.
False
The concept of TROL is irrelevant in F labelling.
The concept of TROL is irrelevant in F labelling.
False
The judgment of O’Regan focuses more on facts than on defining issues.
The judgment of O’Regan focuses more on facts than on defining issues.
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In the context of Coetzee, if a company is convicted, the directors are presumed innocent.
In the context of Coetzee, if a company is convicted, the directors are presumed innocent.
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C's concern about creating more offences is linked to the violation of TROL.
C's concern about creating more offences is linked to the violation of TROL.
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F labelling does not create any self-defeating scenarios in the legal system.
F labelling does not create any self-defeating scenarios in the legal system.
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The term 'servant' in the context of corporate criminal liability only refers to employees.
The term 'servant' in the context of corporate criminal liability only refers to employees.
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Violence must always precede the taking in order to constitute a robbery.
Violence must always precede the taking in order to constitute a robbery.
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In the case of Yolelo, violence is described as necessary for a lawful taking.
In the case of Yolelo, violence is described as necessary for a lawful taking.
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A threat of violence made long after a theft can still be connected to the crime under certain principles.
A threat of violence made long after a theft can still be connected to the crime under certain principles.
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The court has definitively ruled on the effects of violence occurring much later after the act of theft.
The court has definitively ruled on the effects of violence occurring much later after the act of theft.
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Violence that occurs independently from the act of theft can be considered robbery in all circumstances.
Violence that occurs independently from the act of theft can be considered robbery in all circumstances.
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The principle of sufficient relationship applies to both violence preceding and following the theft.
The principle of sufficient relationship applies to both violence preceding and following the theft.
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For an event to be classified as robbery, there must be a direct and immediate connection between the violence and the taking.
For an event to be classified as robbery, there must be a direct and immediate connection between the violence and the taking.
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The principle regarding robbery is considered uncontroversial in legal contexts.
The principle regarding robbery is considered uncontroversial in legal contexts.
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Minimum sentencing legislation introduces variability in punishment to better serve justice.
Minimum sentencing legislation introduces variability in punishment to better serve justice.
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Judges can depart from minimum sentences if they present substantial and compelling circumstances.
Judges can depart from minimum sentences if they present substantial and compelling circumstances.
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Judges are completely precluded from adopting a context-sensitive approach by the legislators’ rules.
Judges are completely precluded from adopting a context-sensitive approach by the legislators’ rules.
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The minimum sentencing framework consists of a one-stage process for determining punishment.
The minimum sentencing framework consists of a one-stage process for determining punishment.
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Justice Cameron believes judges should be held fully morally responsible for their decisions.
Justice Cameron believes judges should be held fully morally responsible for their decisions.
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The interpretation of fair trial rights poses no challenges for judges within the minimum sentencing framework.
The interpretation of fair trial rights poses no challenges for judges within the minimum sentencing framework.
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The attempt to achieve uniformity in sentencing is aligned with the values of TROL.
The attempt to achieve uniformity in sentencing is aligned with the values of TROL.
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A mens rea requirement is necessary to convict someone in their capacity as a director.
A mens rea requirement is necessary to convict someone in their capacity as a director.
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A context-sensitive approach in sentencing can be adopted without any justification by judges.
A context-sensitive approach in sentencing can be adopted without any justification by judges.
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The absence of mens rea is considered a significant problem in the discussion presented in Coetzee.
The absence of mens rea is considered a significant problem in the discussion presented in Coetzee.
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In the case of Masiya, the court concluded that only vaginal penetration counts as rape.
In the case of Masiya, the court concluded that only vaginal penetration counts as rape.
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The principle of fair labelling in South African law implies that convictions must account for blameworthiness.
The principle of fair labelling in South African law implies that convictions must account for blameworthiness.
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According to O’Regan, the principle of justice does not affect the right to not be arbitrarily deprived of liberty.
According to O’Regan, the principle of justice does not affect the right to not be arbitrarily deprived of liberty.
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Presumption of innocence is fundamentally linked to concerns about assigning blame.
Presumption of innocence is fundamentally linked to concerns about assigning blame.
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Theft always requires a complete deprivation of someone's property.
Theft always requires a complete deprivation of someone's property.
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The prosecution is required to prove the defendant's presence at meetings to secure a conviction.
The prosecution is required to prove the defendant's presence at meetings to secure a conviction.
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The discussions in Coetzee highlight a clear framework for how justice allocates blame in criminal convictions.
The discussions in Coetzee highlight a clear framework for how justice allocates blame in criminal convictions.
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Under common law, mineral rights are considered a separate and independent right from property ownership.
Under common law, mineral rights are considered a separate and independent right from property ownership.
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Intention to appropriate is a necessary component of theft.
Intention to appropriate is a necessary component of theft.
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It is possible to unintentionally deprive someone of their property without intending to steal it.
It is possible to unintentionally deprive someone of their property without intending to steal it.
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Asset forfeiture units intend to keep seized assets permanently.
Asset forfeiture units intend to keep seized assets permanently.
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Historically, theft was considered a crime under common law.
Historically, theft was considered a crime under common law.
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A person can lawfully intentionally appropriate property if they have legal justification.
A person can lawfully intentionally appropriate property if they have legal justification.
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Depriving someone of property without legal justification is considered an unlawful act.
Depriving someone of property without legal justification is considered an unlawful act.
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Judges like Zondo should not give deference to legislative schemes regarding punishment.
Judges like Zondo should not give deference to legislative schemes regarding punishment.
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In the case of S V THEMBANI, negligence at the hospital contributed to the victim's death.
In the case of S V THEMBANI, negligence at the hospital contributed to the victim's death.
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Cameron's argument focuses primarily on factual causation rather than legal causation.
Cameron's argument focuses primarily on factual causation rather than legal causation.
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The legal outcome in cases with intervening acts is straightforward and always leads to conviction.
The legal outcome in cases with intervening acts is straightforward and always leads to conviction.
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There is consensus that negligence did not interrupt the causal chain of events in the stabbing case.
There is consensus that negligence did not interrupt the causal chain of events in the stabbing case.
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A novus actus interveniens is relevant in determining the remoteness of legal causation.
A novus actus interveniens is relevant in determining the remoteness of legal causation.
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The courts have no power to decide on the legality of acquittal in cases involving negligence.
The courts have no power to decide on the legality of acquittal in cases involving negligence.
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The victim in the case suffered a mortal grievous wound from a stabbing.
The victim in the case suffered a mortal grievous wound from a stabbing.
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Study Notes
Criminal Law
- Following on from the previous lecture, the second semester will delve deeper into the previous semester's material.
- The key to understanding offences is applying principles to specific offences.
- Fair labelling argues that offences should accurately describe their wrongfulness.
- Criminal offences are not always blameworthy, sometimes they are regulatory offences
- Wrongfulness is not an element, but it is a factor shaping a criminal act.
- Blameworthiness refers to both fault and the conduct of the act.
- Fair labelling outlines how offences are categorised in criminal law.
- The law owes a duty to accurately determine blame.
- Examples of fair labelling:
- Murder has intention & killing, therefore considered more blameworthy than negligent killing.
Fair Labelling and Designing Offences
- The concept of fair labelling, proposed by Burchell, argues that the wrongfulness of a particular offense must be accurately reflected in the criminal law's taxonomy.
- The lecture notes explain how regulatory offences, such as not paying taxes, can be distinct from those that involve blameworthiness.
- It explains that a criminal law must judge conduct's inherent wrongfulness to determine blame.
- The concept of fair labelling in criminal law concerns issues of allocating blame, which involves assessing the fault and actions of individuals' conduct.
Moral and Legal Foundations of Fair Labelling in Criminal Law
- The lecture notes discuss fair labelling by examining the reputational interests of offenders.
- Fair labelling is concerned with reflecting blameworthiness as offenders carry this reputation for life.
- Difficulties in fair labelling can arise if mens rea (guilty mind) is not precisely determined.
- It suggests the need to reform the system when fair labelling isn't allocated rightly.
Beyond Fair Labelling: Offence Differentiation
- These concepts are in tension but also connected.
- Emphasises the need to ground fair labelling.
Critically addresses the concern over the tendency of fair labelling to increase the number of offences.
- Focuses on the importance of fair labelling, particularly for those who carry a label for life.
Criminal Procedure Act
- The Criminal Procedure Act (CPA) sections were challenged in court.
- The relevant sections were found to be unconstitutional by the court.
- The challenge was to the rule that if a company is convicted, then everyone in that company involved is also convicted.
- The court argued that it violated the presumption of innocence and the principle of fault.
- The court reasoned that, apart from the issue of presumption of innocence, it could punish people fairly without having to conclude specific fault from actions.
Masiya v DPP
- The case involved a challenge to the legal definition of rape with regard to the specific acts.
- Debate about whether the definition of rape must include non-penatrative acts.
- The Court considered the question of whether the acts of oral and anal penetration constitute rape.
S v Legoa
- An accused was charged with the possession and trafficking of marijuana and this gave rise to an appeal hearing.
- The court reasoned that this case was about applying the correct legal reasoning.
- The court considered whether there was a sufficient connection between the charged crime and the violence.
S v Thebus
- The case concerned the application of the principle of common purpose.
- The accused was involved in a confrontation with a group.
- This case involved a dispute over the appropriate application of common purpose liability for aggravated offence.
S v Yolelo
- Involved the question of contemporaneous connection between the violent act and the unlawful act.
- This relates to a case where the violence occurred after the act was complete, for instance.
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Description
Explore essential legal concepts and principles in criminal law through this quiz. Analyze key cases and theories such as F labelling, corporate criminal liability, and the role of violence in theft and robbery. Test your understanding of legal accountability and judicial interpretations in diverse contexts.