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Questions and Answers
What is the main distinction between formal criminal law and substantive criminal law in South Africa?
What are the essential elements for liability in South African criminal law?
What are crimes mala in se in South African criminal law?
X, a motorist knocks a pedestrian down by failing to stop at an intersection. As a result the pedestrian, the sole breadwinner of his family dies. What is the liability of X?
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In the context of criminal liability, what is the significance of the judgment in Mshumpa?
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What commonality do 'nullum crimen sine lege' and 'nulla poena sine lege' share?
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According to the information provided, which statement accurately reflects the legality of an administrative act in criminal law?
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What is the primary implication of Parliament's provision regarding sexual conduct without consent?
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Which characteristic best describes the application of ius acceptum, ius praevium, ius certum, and ius strictum?
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How does legality relate to an ultra vires administrative act in criminal law?
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Study Notes
Distinction between Formal and Substantive Criminal Law
- Formal Criminal Law: Concerns the procedural aspects, detailing how laws are enforced and the processes by which criminal trials are conducted.
- Substantive Criminal Law: Defines specific offenses and prescribes penalties, focusing on the actual substance of criminal law.
Essential Elements for Liability in South African Criminal Law
- Actus Reus: The physical act or conduct that constitutes a criminal offense.
- Mens Rea: The mental state or intent of the individual while committing the act.
- Causation: Establishing a direct link between the act and the harmful outcome.
- Legality: The principle that one cannot be prosecuted for a crime that was not established by law at the time of the act.
Crimes Mala in Se
- Definition: Offenses that are inherently evil or wrong, regardless of whether they are forbidden by law.
- Examples: Murder, sexual assault, and theft.
Liability of X in the Pedestrian Incident
- Criminal Liability: X may be found guilty of culpable homicide due to negligence for failing to stop at the intersection, resulting in the pedestrian's death.
- Consideration of Circumstances: The pedestrian’s status as the family's sole breadwinner may affect sentencing and societal perception of the crime.
Significance of Mshumpa Judgment
- Precedent: The Mshumpa case illustrates the importance of intent and circumstances in establishing criminal liability.
- Guidance: It serves as a guideline for evaluating negligence and intent in future cases.
Commonality of 'Nullum Crimen Sine Lege' and 'Nulla Poena Sine Lege'
- Both principles assert that no act can be considered a crime, and no punishment can be imposed without a prior established law explicitly defining the crime and penalty.
Legality of Administrative Acts in Criminal Law
- Legitimacy: Administrative acts must conform to the law; illegitimate or ultra vires actions cannot be recognized within the legal framework.
Implication of Parliament's Provision on Sexual Conduct Without Consent
- Criminalization: Any sexual act performed without consent is deemed illegal, emphasizing the necessity of explicit consent in sexual interactions.
Characteristics of Various Legal Principles (ius acceptum, ius praevium, ius certum, ius strictum)
- iuis Acceptum: Focuses on accepted legal customs or practices.
- iuis Praevium: Relates to the prior application or acknowledgment of laws.
- iuis Certum: Refers to clear and certain legal statutes.
- iuis Strictum: Emphasizes strict interpretation and application of laws.
Legality and Ultra Vires Administrative Acts
- Ultra Vires: Acts beyond the powers granted to an administrative body are considered illegal, highlighting the necessity for lawful authority in administrative actions.
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Description
Test your knowledge of formal criminal law and substantive criminal law distinctions, as well as the essential elements for liability in South African law. Choose the correct answers to enhance your understanding of the legal system in South Africa.
