Private Defence and Putative Private Defence

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Questions and Answers

What is the primary purpose of decriminalising section 4(b) regarding cannabis use by children?

To eliminate all laws related to cannabis possession.

To allow children to purchase cannabis legally.

To encourage the recreational use of cannabis among children.

To prevent conviction and criminal punishment for cannabis use or possession. (correct)

What consequence does the Constitutional Court's order for children in possession of cannabis include?

Children must attend mandatory drug rehabilitation programs.

Children cannot be arrested or prosecuted for cannabis possession during the suspension period. (correct)

Children may be arrested without any legal repercussions.

Children can be prosecuted under the same laws as adults.

What can happen to a child's criminal record for cannabis possession if they were previously convicted?

The conviction is permanent and cannot be removed.

The conviction can be transferred to an adult record once they turn 18.

The record may be expunged upon application to certain authorities. (correct)

The child must serve additional time in juvenile detention.

What laws may a child be referred to if apprehended for cannabis use or possession?

The Children’s Act and the Prevention of and Treatment for Substance Abuse Act. Signup and view all the answers

What is the duration of the suspension for the order related to section 4(b) of the Drugs and Drug Trafficking Act?

24 months. Signup and view all the answers

What is a necessary condition to prove the crime of defeating the course of justice?

It must be proven beyond a reasonable doubt that justice has been defeated. Signup and view all the answers

Which of the following correctly describes the standard of proof required for obstructing the course of justice?

The state must show that justice was merely obstructed. Signup and view all the answers

What constitutes perjury according to the definitions provided?

Making a false statement under oath during judicial proceedings. Signup and view all the answers

In the context of murder, which of the following is NOT considered a valid form of intention?

Unintentional conduct Signup and view all the answers

Which statement about perjury is correct?

An affidavit attached to civil proceedings can qualify as perjury. Signup and view all the answers

What distinguishes contempt of court from other offenses detailed in the passage?

It is based on the intention of dolus eventualis. Signup and view all the answers

How is the death caused in a murder charge defined?

Through any act or omission leading to death. Signup and view all the answers

Which of these statements is false regarding the nature of judicial proceedings?

They only occur within a formal court of law. Signup and view all the answers

What is required for an executive statement to be admissible in evidence?

The statement must be made voluntarily. Signup and view all the answers

Which element is essential for an act to qualify as public violence?

The act must involve at least one other person. Signup and view all the answers

What constitutes contempt of court related to judicial proceedings?

Publishing information that could influence the outcome of a case. Signup and view all the answers

How is 'in facie curiae' different from 'ex facie curiae' in the context of contempt of court?

In facie occurs in open court, while ex facie occurs outside the court. Signup and view all the answers

Which of the following statements about public violence is accurate?

Public violence requires intentional commotion that breaches public peace. Signup and view all the answers

What is a necessary condition for a publication to be deemed unlawful related to contempt of court?

It must demonstrate a real risk of substantial prejudice to justice. Signup and view all the answers

Which is NOT a characteristic of an executive statement as defined in the context provided?

It must always be presented in its original form. Signup and view all the answers

Which statement best describes the relationship between executive statements and hearsay evidence?

Executive statements must be treated the same as other types of hearsay. Signup and view all the answers

What must be established for taking of property to amount to robbery?

Violence must be directed against the victim with intent to overcome resistance. Signup and view all the answers

In the context of fraud, what is the primary requirement?

There must be a misrepresentation of a fact. Signup and view all the answers

Which of the following actions may constitute a misrepresentation in fraudulent activities?

A nod of the head indicating agreement. Signup and view all the answers

Why might a misrepresentation be liable for fraud even if not made directly to a person?

It can occur if a representation is made to a device or system. Signup and view all the answers

For handbag-snatching to be considered robbery, what must the accused intentionally do?

Use force to overcome the victim's hold on the bag. Signup and view all the answers

What may not be necessary for theft to escalate into robbery, according to the court's interpretation?

Victim's active resistance. Signup and view all the answers

In the case of fraud, which of the following representations can potentially lead to liability?

An assumption that a service is genuine. Signup and view all the answers

What indicates the intent behind a violent act in the context of robbery?

Intent to prevent or forestall resistance from the victim. Signup and view all the answers

What is the primary focus of private defence?

To protect the threatened interests when legal remedies are ineffective. Signup and view all the answers

Which of the following is NOT a requirement for justifying private defence?

The defender must be unaware of their actions. Signup and view all the answers

What does Putative Private Defence refer to?

Believing oneself to be in danger when in fact one is not. Signup and view all the answers

What could disqualify someone from claiming private defence?

Taking action only after the danger has passed. Signup and view all the answers

According to the principles of self-defence, how should the defensive act correlate to the attack?

It must have a reasonable relationship to the threat faced. Signup and view all the answers

In which case is someone likely to act unlawfully while claiming self-defence?

When genuinely believing oneself to be in danger without actual peril. Signup and view all the answers

What does the court consider when assessing private defence claims?

The timing of the defensive act relative to the attack. Signup and view all the answers

What is a key differentiator of Putative Private Defence from lawful self-defence?

It focuses on the intention rather than the legality of the act. Signup and view all the answers

Study Notes

Private Defence

The State must prove the accused acted unlawfully in self-defense beyond a reasonable doubt.
The attack must be imminent, not completed, and the defender must be aware they are acting in private defense.
Private defence is not vengeance or punishment.
Requirements for private defence:
- Directed at the attacker
- Necessary to protect the interest threatened
- Reasonable relationship between the attack and defensive act
The test for private defense is objective.

Putative Private Defence

The accused must believe, reasonably, that they are in danger.
The test for putative private defense is subjective.
The accused must lack intent to act unlawfully.

Specific Offences

Public violence is unlawful, intentional, and committed by a group that breaches the peace.
Contempt of court occurs when someone unlawfully and intentionally violates the dignity of a judicial officer or publishes information that could influence a pending proceeding.
Defeating or obstructing the course of justice occurs when someone unlawfully and intentionally prevents or inhibits the administration of justice.
Perjury involves intentionally making a false statement during judicial proceedings under oath.
Murder is the unlawful and intentional killing of another human being, through act or omission.
Fraud involves unlawful and intentional misrepresentation that causes prejudice to another person.

Cannabis Use and Possession

The use and possession of cannabis by children is no longer criminalized in South Africa.
The Constitutional Court suspended the order for 24 months while Parliament drafts legislation for reform.
Children apprehended for possession of cannabis can be referred to civil processes.
Criminal records for cannabis possession by children can be expunged.

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Description

Explore the legal concepts surrounding private defense and putative private defense in this quiz. Understand the requirements, tests, and differences between them, as well as specific offenses related to public violence and contempt of court. Test your knowledge and grasp the intricacies of these legal principles.