Legal Duties and Defenses Overview

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Questions and Answers

What defines a semi-automatic firearm?

It requires the shooter to manually load each round.

It can fire multiple rounds with a single trigger pull.

It automatically chambers and fires rounds continuously.

It prepares a following round for firing after each trigger depression. (correct)

Which alteration to a firearm requires written permission from the Registrar?

Replacing the sights on the firearm.

Repainting the firearm's body.

Adding a decorative finish to the firearm.

Changing the calibre of the firearm. (correct)

How does an automatic firearm function?

It chambers and fires rounds continuously once triggered. (correct)

It can only fire when it is manually loaded.

It requires the shooter to pull the trigger for each shot.

It fires a single round with each trigger pull and then stops.

What describes firearms that are not classified as semi-automatic or fully automatic?

They are typically single-shot weapons. Signup and view all the answers

Which of the following is NOT considered unlawful possession of ammunition?

Possessing ammunition for a firearm that is registered. Signup and view all the answers

What was the consequence for the accused in S v Van Aardt after leaving the victim to succumb to his injuries?

He was convicted of murder. Signup and view all the answers

How can a legal duty arise according to the content?

As a result of an order of court. Signup and view all the answers

In Papu 2015, why was the accused's actions deemed not unlawful?

He was protecting his property from perceived intruders. Signup and view all the answers

What factor must be present for self-defense to be justified according to Mokgiba 1999?

The attack must be imminent but not yet completed. Signup and view all the answers

What was one of the key reasons for the acquittal of the appellant in the Teixeira case?

The appellant's reaction to the threat was justified. Signup and view all the answers

Which of the following statements is true about legal duties arising from divorce decrees?

Failure to pay maintenance can result in contempt of court. Signup and view all the answers

Which of the following describes a characteristic of private defense?

It is based on an individual's reasonable belief of threat. Signup and view all the answers

What is a necessary condition for an action to be considered unlawful?

It must not have any justifying factors. Signup and view all the answers

Which statement best describes the role of an accessory after the fact?

An accessory after the fact helps the perpetrator escape liability after the crime has occurred. Signup and view all the answers

What was the main criticism against the conviction of the accused in the murder case?

The accused should have been charged as a co-perpetrator instead of an accomplice. Signup and view all the answers

In the case of S v Norman Nwasheng, why was the appellant's leave to appeal dismissed?

There was no reasonable chance a higher court would reverse the conviction. Signup and view all the answers

What is required to establish possession of an item?

Physical control over the item must be accompanied by intent to control it. Signup and view all the answers

How does the objective test for possession differ from the subjective test?

The objective test assesses physical possession while the subjective test assesses intent. Signup and view all the answers

What is the definition of an accomplice in the context of a crime?

An individual who assists in committing a crime prior to its completion. Signup and view all the answers

According to Snyman's view, which statement about accomplices is accurate?

A person cannot be an accomplice to murder. Signup and view all the answers

What action led the police to struggle in arresting the appellant's husband?

The appellant blocked all communication with the police. Signup and view all the answers

What must the State prove regarding the accused's financial situation at the time of defaulting on a maintenance order?

The accused had the means to comply with the order. Signup and view all the answers

Which of the following is not a requirement for the accused to be convicted under S.31(1) of the Maintenance Act?

The maintenance order originated from a formal marriage. Signup and view all the answers

What condition is imposed by the court for the suspension of a sentenced individual as per section 297?

A compensation order must be fulfilled. Signup and view all the answers

What happens if the accused fails to make payments according to the compensation order?

The prosecutor can apply for the suspended sentence to be enforced. Signup and view all the answers

Which of the following categories does not define persons who can have parental responsibility for a child?

Close friends of the child. Signup and view all the answers

What is one criterion to determine whether a person's conduct constitutes culpable homicide?

Whether a reasonable person would have foreseen the possibility of death. Signup and view all the answers

Which element is NOT considered in assessing assault with intent to do grievous bodily harm?

The intention behind the act of assault. Signup and view all the answers

What does the principle of criminal defamation entail?

Publicly stating false facts about someone. Signup and view all the answers

Which of the following correctly reflects the requirements for theft?

Exercising rights over a property without ownership. Signup and view all the answers

In the context of crimen injuria, what does it mean for a victim?

They must feel degraded or humiliated by the accused's behavior. Signup and view all the answers

What must an act of robbery involve?

Use of force or intimidation to take property. Signup and view all the answers

Which of the following indicates a crucial aspect of perjury?

Knowingly providing false information during legal proceedings. Signup and view all the answers

What does S36 of the General Law Amendment Act entail regarding evidence?

It provides for the exclusion of illegally obtained evidence. Signup and view all the answers

Study Notes

Legal Duty

A legal duty may arise by virtue of an order of court. Failure to comply with a court order, such as paying monthly maintenance under a divorce decree, may lead to a charge of contempt of court.

Defences Excluding Unlawfulness

Private Defence:
- Defence must be against an unlawful attack.
  - [Papu 2015 2 SACR 313 (ECB)]: An attack aiming at protecting property from perceived intruders is not unlawful, but it may still constitute a crime (such as murder) if the attack is not justified.
- Defence must be against interests that should be protected.
  - [Teixeira v S 1980 3 SA 755 (A)]: A person may not reasonably be expected to call for help if they are attacked with a menacing weapon, and the attack is imminent.
- The attack must be imminent but not yet completed
  - [Mokgiba 1999 1 SACR 534 (O) 550 ]: Private defence is not applicable after the attack has been completed.
- Defence must be directed against the attacker.

Participation in Crime: Accomplice vs. Perpetrator

The case of [S v] [Norman Nwasheng RC312/14] highlighted the distinction between an accomplice and a perpetrator.
- Accomplice: A person who helps commit a crime, but doesn't directly perform the act.
- Perpetrator: A person who performs the act that constitutes the crime.
Accomplices can be convicted for the crime they assisted in committing. The role of an accomplice must be proven beyond a reasonable doubt.
Some authors argue that it is not possible for a person to be an accomplice to murder, as murder requires a direct act of killing.
Accessory After the Fact: A person who assists the perpetrator or accomplice after the crime has been committed to avoid liability.
- [S v] [Norman Nwasheng RC312/14]: The court dismissed the appellant's (the perpetrator's wife) application for leave to appeal against her conviction as an accessory after the fact, finding there was no reasonable chance a higher court would reverse the conviction.

Doctrine of Common Purpose

The doctrine of common purpose implies that a group of people may be held responsible for a crime committed by one of them, even if they did not directly commit the act.
This doctrine requires evidence that the group intended to commit the crime, and that they shared a common purpose.

Possession/Joint Possession

There are two key tests for determining joint possession of an item:
- Objective Test: Does the person have physical possession, custody, or control over the item?
- Subjective Test: Does the person have the intent to exercise control over the item?

Specific Offences

Public Violence

Public violence is a serious crime that involves the use of force or violence by a group of people, often directed against the public or specific individuals.
This could include riots, looting, and other forms of disruptive behavior.

Contempt of Court

Contempt of court is a legal offense that involves disrespecting or obstructing the authority of a court. This could include:
- Failing to comply with a court order.
- Making defamatory statements about a judge.
- Behaving in a disruptive manner in a courtroom.

Defeating or Obstructing the Course of Justice

Defeating or obstructing the course of justice is a crime intended to hinder or interfere with the administration of justice. This could involve:
- Tampering with evidence.
- Intimidating witnesses.
- Bribing court officials.

Perjury

Perjury is the act of lying under oath in a legal proceeding. It is a serious crime that can result in a long prison sentence.

Murder

Murder is the unlawful killing of another human being with malice aforethought.
Key elements:
- Unlawful Killing: The killing must be without justification.
- Malice Aforethought: This means the perpetrator intended to kill the victim, or acted with reckless disregard for the victim's life.

Culpable Homicide

Culpable homicide is a crime that involves the unlawful killing of another human being, but without the intent to kill.
Essentially, it's an unintentional killing that occurs through negligence, gross negligence, or recklessness.
Determining if an act constitutes culpable homicide involves a three-part test:
- Would a reasonable person in the accused's position have foreseen the possibility of death resulting from their actions?
- Would a reasonable person have taken steps to prevent death?
- Did the accused deviate from the actions of a reasonable person in the given circumstances?

Assault

Assault is the unlawful application of force to another person, without their consent.

Assault with the intent to do Grievous Bodily Harm

Assault with the intent to do grievous bodily harm is a more serious offense, where the perpetrator intends to cause serious physical harm to the victim.
Factors considered when assessing this crime:
- The nature of the weapon and how it was used.
- The intensity of the violence and how the injury was inflicted.
- The location where the violence was inflicted.
- The severity of the injuries sustained, if any.

Crimen Iniuria

Crimen iniuria is a crime that involves an intentional and wrongful infringement on another person's dignity, honor, or reputation.
This includes offenses such as:
- Insulting language.
- Offensive behavior.
- Unjustified attacks on someone's character.
To prove crimen iniuria, the victim must:
- Be aware of the accused's actions.
- Feel degraded or humiliated by the accused's actions.

Criminal Defamation

Criminal defamation is the act of making false and defamatory statements about another person, with the intention of harming their reputation.

Kidnapping

Kidnapping is the unlawful confinement or abduction of another person, often with the intent to ransom or hurt them.

Theft

Theft is the unlawful taking of another person's property with the intent to permanently deprive them of it.
Key elements of theft:
- The accused must intentionally appropriate the property.
- The accused must intend to deprive the owner of the property permanently.
- The accused must be aware that the property is capable of being stolen.
- The accused must be aware that they are acting unlawfully.
[Nkosi v S 2012 1 SACR 87 (GNP)]: This case emphasizes that mere assumption of control over property does not necessarily equal theft. The owner must be effectively excluded from their property for theft to occur.

S36 of the General Law Amendment Act 62/1955

This act deals with the unlawful possession of dangerous weapons, including firearms.

Robbery

Robbery is the theft of property from a person, by using violence or threat of violence.

Fraud

Fraud is the act of intentionally deceiving someone for financial gain.
[Mngqibisa v S (2007) SCA 119 (RSA)]: This case highlights that any attempt to deceive someone, even if the truth is revealed later, can constitute fraud.

Unlawful Possession of Firearms

It's a crime to possess a firearm without a valid license.
Firearms are categorized into three groups:
- Semi-Automatic: Requires the shooter to pull the trigger for each shot.
- Automatic: Continuously fires rounds when the trigger is held down.
- Non-Automatic: Does not have self-loading mechanisms (e.g., revolvers)

Unlawful Possession of Ammunition

It's a crime to possess ammunition without a valid license.

Drugs and Drug Trafficking Act 140 of 1992

Manufacture and Supply of Scheduled Substances

It's a crime to manufacture, produce, or supply controlled drugs without authorization.

Use and Possession of Drugs

It's a crime to use or possess controlled drugs unless:
- Acquiring the drug as a patient for medical purposes with a prescription.
- Acquired for authorized medical purposes.
- Authorized by the relevant government officials.
There are some exceptions to the law, such as possession of a small amount for personal use, in some jurisdictions.

Maintenance Act 99 of 1998

This act deals with the enforcement of maintenance orders.
Key elements for violation:
- There is a maintenance order directed to the accused.
- The accused failed to comply with the order.
- The accused had the means to comply with the order when they failed to do so.
- The accused had a guilty mind when they failed to comply.
Failing to comply with a maintenance order is a crime that can result in imprisonment, a fine, or other sanctions.

This act deals with various sexual offenses, including rape, sexual assault, and child sexual abuse.
Its purpose is to strengthen the criminal justice system's response to these crimes and to provide better protection for victims.

Sentencing

Sentencing for criminal offences is determined by the court based on several factors that include:
- The nature and severity of the crime.
- The perpetrator's criminal history.
- The circumstances of the offense.
- The impact of the crime on the victim.
Sentences range from probation and fines to imprisonment.
In some cases, the court may also order restitution to the victim or other forms of rehabilitation for the perpetrator.

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Description

This quiz explores the concepts of legal duty, particularly regarding court orders and maintenance obligations, and the defenses available to exclude unlawfulness such as private defense. Through various case examples, you will learn about the criteria for justified defenses against unlawful attacks. Test your understanding of these legal principles.