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Questions and Answers
What is a key consideration for an act to be considered lawful under the principle of necessity?
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?
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?
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?
What is a necessary condition for the defence of superior orders to be valid?
Which of the following best explains the relationship between necessity and private defense?
Which of the following best explains the relationship between necessity and private defense?
What is the outcome if someone obeys a manifestly unlawful order?
What is the outcome if someone obeys a manifestly unlawful order?
How does necessity differ from private defense in terms of the source of the threat?
How does necessity differ from private defense in terms of the source of the threat?
What is required for an act to be recognized as a crime?
What is required for an act to be recognized as a crime?
In terms of legal justification, what is considered to be immaterial in the principle of necessity?
In terms of legal justification, what is considered to be immaterial in the principle of necessity?
What differentiates an involuntary act from a voluntary act?
What differentiates an involuntary act from a voluntary act?
Which situation exemplifies 'insane automatism'?
Which situation exemplifies 'insane automatism'?
Which of the following statements is true regarding the distinction between absolute and relative force?
Which of the following statements is true regarding the distinction between absolute and relative force?
What is the consequence of sane automatism in a legal context?
What is the consequence of sane automatism in a legal context?
Why won't mere thoughts lead to criminal liability?
Why won't mere thoughts lead to criminal liability?
In the context of criminal law, what must be demonstrated for an act to be considered a crime?
In the context of criminal law, what must be demonstrated for an act to be considered a crime?
What characterizes the act of negligent behavior within criminal conduct?
What characterizes the act of negligent behavior within criminal conduct?
Which factor is NOT considered in establishing if an accused had the intention to cause grievous bodily harm?
Which factor is NOT considered in establishing if an accused had the intention to cause grievous bodily harm?
What is the primary criterion for determining a violation of dignity under Crimen Iniuria?
What is the primary criterion for determining a violation of dignity under Crimen Iniuria?
Under which test is a violation of privacy evaluated?
Under which test is a violation of privacy evaluated?
Crimen Iniuria is primarily concerned with the violation of what?
Crimen Iniuria is primarily concerned with the violation of what?
In which case was it determined that watching a person undress without their awareness violates their right to privacy?
In which case was it determined that watching a person undress without their awareness violates their right to privacy?
What must a victim be aware of to prove an infringement of dignity according to the subjective test?
What must a victim be aware of to prove an infringement of dignity according to the subjective test?
Which of the following implies that the law does not presume a crime has been committed?
Which of the following implies that the law does not presume a crime has been committed?
Which of the following best describes the term 'dignitas' as used in Crimen Iniuria?
Which of the following best describes the term 'dignitas' as used in Crimen Iniuria?
What constitutes criminal defamation?
What constitutes criminal defamation?
What ruling did the court make regarding criminal defamation in Hoho v The State?
What ruling did the court make regarding criminal defamation in Hoho v The State?
In cases of criminal defamation, which rule may be applied in less serious instances?
In cases of criminal defamation, which rule may be applied in less serious instances?
Which statement regarding kidnapping is true?
Which statement regarding kidnapping is true?
What defines the act of theft?
What defines the act of theft?
In Nkosi v S, what did the court clarify about assuming control over property?
In Nkosi v S, what did the court clarify about assuming control over property?
Who may be charged with contempt of court regarding custody of a child?
Who may be charged with contempt of court regarding custody of a child?
What is true about the offence of kidnapping regarding age?
What is true about the offence of kidnapping regarding age?
Which statement best describes the relationship between misrepresentation and prejudice?
Which statement best describes the relationship between misrepresentation and prejudice?
In which situation is knowledge of the misrepresentation by the deceived party considered irrelevant?
In which situation is knowledge of the misrepresentation by the deceived party considered irrelevant?
What is required for potential prejudice to be recognized?
What is required for potential prejudice to be recognized?
What constitutes forgery according to the provided content?
What constitutes forgery according to the provided content?
Which of the following best defines fraud as implied in the discussion?
Which of the following best defines fraud as implied in the discussion?
What must be proven to establish the crime of fraud?
What must be proven to establish the crime of fraud?
Which of the following is NOT a requirement in the definition of forgery?
Which of the following is NOT a requirement in the definition of forgery?
Which of the following accurately describes the term 'potential prejudice'?
Which of the following accurately describes the term 'potential prejudice'?
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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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