Legal Principles of Crime

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Questions and Answers

What is a key consideration for an act to be considered lawful under the principle of necessity?

The interest protected must not be out of proportion to the interest infringed. (correct)

The threat of harm must be non-existent.

The person must be legally compelled to endure the danger.

The act must always stem from an unlawful attack.

Which of the following statements about private defense is accurate?

It can arise from chance circumstances.

It must always address an unlawful attack. (correct)

It is solely based on the protection of personal interests.

It is applicable to acts of nature and animals.

In what scenario does the defence of impossibility apply?

When someone is directly attacked.

When it is impossible for the accused to comply with a legal obligation. (correct)

When someone acts out of personal necessity.

When there are no alternative actions available.

What is a necessary condition for the defence of superior orders to be valid?

The order must emanate from someone lawfully placed in authority over the accused. Signup and view all the answers

Which of the following best explains the relationship between necessity and private defense?

Both involve protection against threats of harm. Signup and view all the answers

What is the outcome if someone obeys a manifestly unlawful order?

They act unlawfully regardless of their rank. Signup and view all the answers

How does necessity differ from private defense in terms of the source of the threat?

Private defense arises from unlawful attacks while necessity can stem from chance circumstances. Signup and view all the answers

What is required for an act to be recognized as a crime?

It must be clearly defined by law before the act occurs. Signup and view all the answers

In terms of legal justification, what is considered to be immaterial in the principle of necessity?

The form of the threat, whether human or non-human. Signup and view all the answers

What differentiates an involuntary act from a voluntary act?

An involuntary act occurs under superior force or automatism. Signup and view all the answers

Which situation exemplifies 'insane automatism'?

Mental illness prevents the accused from understanding their actions. Signup and view all the answers

Which of the following statements is true regarding the distinction between absolute and relative force?

Absolute force implies that no voluntary act can occur. Signup and view all the answers

What is the consequence of sane automatism in a legal context?

The state must prove the act was performed voluntarily. Signup and view all the answers

Why won't mere thoughts lead to criminal liability?

Criminal law requires action or omission to establish liability. Signup and view all the answers

In the context of criminal law, what must be demonstrated for an act to be considered a crime?

The act must be performed voluntarily, not just deliberately. Signup and view all the answers

What characterizes the act of negligent behavior within criminal conduct?

It consists of actions lacking due care, leading to unlawful outcomes. Signup and view all the answers

Which factor is NOT considered in establishing if an accused had the intention to cause grievous bodily harm?

The previous relationship between the accused and victim Signup and view all the answers

What is the primary criterion for determining a violation of dignity under Crimen Iniuria?

The subjective feelings of the victim Signup and view all the answers

Under which test is a violation of privacy evaluated?

Objective test Signup and view all the answers

Crimen Iniuria is primarily concerned with the violation of what?

Dignity and privacy Signup and view all the answers

In which case was it determined that watching a person undress without their awareness violates their right to privacy?

R v Holliday 1927 Signup and view all the answers

What must a victim be aware of to prove an infringement of dignity according to the subjective test?

The accused's offending behavior Signup and view all the answers

Which of the following implies that the law does not presume a crime has been committed?

The victim is overly sensitive Signup and view all the answers

Which of the following best describes the term 'dignitas' as used in Crimen Iniuria?

All rights of personality except for reputation Signup and view all the answers

What constitutes criminal defamation?

Unlawful and intentional publication of material that injures someone's reputation. Signup and view all the answers

What ruling did the court make regarding criminal defamation in Hoho v The State?

The crime exists and is compatible with the constitution. Signup and view all the answers

In cases of criminal defamation, which rule may be applied in less serious instances?

The de minimus rule. Signup and view all the answers

Which statement regarding kidnapping is true?

Duration of captivity is irrelevant to the offence. Signup and view all the answers

What defines the act of theft?

Appropriating another person’s property with the intention to permanently deprive them of it. Signup and view all the answers

In Nkosi v S, what did the court clarify about assuming control over property?

Control must be accompanied by exclusion of the owner to constitute theft. Signup and view all the answers

Who may be charged with contempt of court regarding custody of a child?

Any parent acting against a court-approved parenting plan. Signup and view all the answers

What is true about the offence of kidnapping regarding age?

Legal custodians must be deprived of control over a child under 18. Signup and view all the answers

Which statement best describes the relationship between misrepresentation and prejudice?

Misrepresentation can lead to potential prejudice for someone other than the deceived party. Signup and view all the answers

In which situation is knowledge of the misrepresentation by the deceived party considered irrelevant?

When the misrepresentation is made to a police trap. Signup and view all the answers

What is required for potential prejudice to be recognized?

It must have a reasonable prospect of occurring. Signup and view all the answers

What constitutes forgery according to the provided content?

Creating a false document that causes potential prejudice. Signup and view all the answers

Which of the following best defines fraud as implied in the discussion?

Misleading representation leading to potential or actual prejudice. Signup and view all the answers

What must be proven to establish the crime of fraud?

That there was potential or actual prejudice recognized. Signup and view all the answers

Which of the following is NOT a requirement in the definition of forgery?

The document must cause actual financial loss. Signup and view all the answers

Which of the following accurately describes the term 'potential prejudice'?

A possibility of harm based on reasonable grounds. Signup and view all the answers

Study Notes

Principle of Legality

Conduct must be recognized as a crime by law, clearly defined, and known before occurrence.
Broad interpretation of definitions is not required to cover accused conduct.

Conduct and Voluntariness

Voluntary conduct is necessary for legal liability; acts may be negligent and still punishable.
Involuntary actions arise from absolute force (no control over movements) or evidence of automatism.
Automatism is classified into sane (where no premeditation exists) and insane (defense of mental illness).
Example: In S v Matjane case, the accused's conduct showed voluntary behavior leading to a murder conviction.

Act Requirement

Criminal law addresses actions or omissions, not mere thoughts.
Culpability in murder is reliant on the accused's beliefs.

Necessity

A lawful act in necessity protects life, bodily integrity, or property from imminent harm not avoidable by other means.
Unlawful acts or chance circumstances can trigger necessity; private defense specifically relates to unlawful attacks.

Impossibility

Impossibility can justify failing to meet a legal obligation when compliance is genuinely unattainable.

Superior Orders

Obedience to lawful military or police orders is required; unlawful orders must not be obeyed.
Essential criteria for defense include lawful authority, a duty to obey, and consideration of harmful intent in executing the order.

Crimen Iniuria

Defined as the unlawful, intentional violation of another’s dignity or privacy, protecting personal rights under "dignitas."
Dignity infringement involves subjective tests (victim awareness and feeling degraded) and objective tests (reasonable person standard regarding privacy).

Criminal Defamation

Involves the unlawful publication harming another's reputation; publication is critical to the offence.
The de minimus rule may apply in less severe cases, emphasizing that violation of reputations remains a criminal act.

Kidnapping

Comprises the unlawful, intentional deprivation of someone’s freedom; duration is not a key factor.
Parents cannot kidnap their own children unless contravening a court order.

Theft

Defined by intentional appropriation of another’s property with intent to permanently deprive.
Appropriation must involve deprivation of the owner's rights and exclusion from property ownership.
Prejudice can be actual or potential, evaluating if there is a reasonable prospect of loss.

Fraud

Involves misrepresentation causing prejudice or potential prejudice to another, irrespective of the awareness of the deceived party.
Causal connection between misrepresentation and resulting prejudice is essential; intent to deceive is critical.

Forgery

Involves unlawfully producing a false document potentially harming another.
Considered a form of fraud; all requirements for fraud must be present in forgery cases.

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Description

This quiz covers key legal principles regarding the definition of crime, focusing on the principle of legality and the concept of voluntariness in conduct. Test your understanding of how law classifies actions as criminal and the necessary clarity before a conduct is considered an offense.