Detailed Notes on criminal law revision



In R v Zikalala,[142] wherever the accused stabbed and killed the deceased inside a crowded beer hall, he claimed that the deceased experienced attacked him with a knife, and that he was acting in self-defence. He was convicted of murder; he appealed. The Appellate Division held,

ACTUS REUS and MENS REA: THE CONTEMPORANEITY RULE Wherever fault (mens rea) is an element of the crime billed, the illegal carry out as well as the fault ought to exist contemporaneously. In other words, the wrongdoer need to plan to dedicate or be negligent in the commission in the crime at some time that the crime is currently being fully commited. So an individual will not be guilty of murder if, “while He's driving to Y’s home in order to get rid of him there, he negligently runs around anyone, and it later on transpires that the deceased is Y.” Also, It isn't murder if someone kills A further accidentally and “afterwards expresses his Pleasure at having killed him.” The contemporaneity rule has become in issue in cases the place the accused intends to eliminate An additional and, getting inflicted what he thinks is usually a fatal wound on that other human being, he then disposes of your body or sets alight for the setting up in which the human body lies. In fact, the sufferer doesn't die from the First assault, but from the subsequent carry out of disposing of the body, or from carbon monoxide poisoning caused with the fumes from the fireplace, as in S v Masilela 1968 (two) SA 558 (A). In these cases, the initial assault is accompanied with the intent to get rid of but, technically, the illegal consequence of Loss of life isn't current at that time, simply because Demise only results later. Likewise, when Dying final results, technically, there is absolutely no intent to kill as the accused believes his victim is previously lifeless.

Non-pathological criminal incapacity needs to be distinguished from psychological illness. An individual may well go through from psychological ailment, and nevertheless have the ability to understand the wrongfulness of particular carry out, and to act in accordance with that appreciation.[246]

retributive or complete theories of punishment, which justify punishment on the basis that it is deserved;

The defence of requirement with a murder cost was upheld in S v Peterson,[168] Considering that the State had not proved that a fictional sensible person in the situation of your accused would have offered resistance towards the compulsion, which includes a risk against his lifetime, which were exerted by a co-accused.

a child that is 10 years or older, but underneath the age of fourteen years, and commits an offence, is presumed to absence criminal capacity, Until the State proves that he or she has criminal capacity in accordance with segment eleven, so You will find a rebuttable presumption of not enough capacity.[220]

In S v Combrink[45] the court held that, specified the public ire with sentences which appear to favour a particular group in society, the court docket need to work out judicial sensitivity law criminal and civil in cases which look to own racial or discriminatory connotations. The public interest against discrimination is not really necessarily in discrimination involving black and white, but instead amongst men and women in general who understand Other folks, with prejudice, being various or inferior to them.

in the event the perpetrator realises that a final result could perfectly ensue, but then can take measures to guard against that consequence occurring;[303] and

The maxim lex non cogit advert impossibilia can be translated to mean that the regulation will not compel any one to try and do the unattainable. Impossibility is the suitable defence (excluding blog here unlawfulness) in cases in which the law areas a person less than a legal responsibility to conduct a optimistic act, and the individual is unable to comply with this responsibility.

In brief, If your accused foresaw the consequences or instances in question not like a possible result of his act, but viewed as that there was even a possibility[297] that they could end result (and when he reconciled himself to this risk), he may have had intention within the feeling of dolus eventualis.

COMMON PURPOSE Wherever two or more people conform to dedicate a crime or actively affiliate in the joint unlawful organization, each are going to be to blame for the precise criminal carry out committed by a person in their variety which falls within their common structure. Liability occurs from their “common purpose” to dedicate the crime. Should the participants are billed with getting fully commited a “consequence crime,” it is not essential for the prosecution to demonstrate over and above affordable question that Each and every participant fully commited carry out which contributed causally to the final word unlawful consequence. It can be adequate to determine • a previous arrangement via the participants to commit a crime; or • no these prior arrangement, but an Lively association with the participants in its Fee. This normally comes about when the amount of people today partaking inside the crime is massive—a mob, that is to mention. If This really is proven, then the conduct with the participant who basically causes the consequence is imputed or attributed to the opposite participants. It isn't important to establish exactly which member of the common purpose caused the consequence, presented that it's recognized that one of the group introduced about this outcome.

The court docket in S v Tembani,[129] endorsed the approach of English regulation: If, at some time of Demise, the first wound continues to be an running and substantial explanation for criminal law apprenticeships Loss of life, the death is usually a result of the wound, even when A different result in was also working.

South African criminal regulation is the body of national legislation regarding crime in South Africa. Inside the definition of Van der Walt et al, a crime is "perform which common or statute law prohibits and expressly or impliedly subjects to punishment remissible through the state on your own and which the offender are unable to avoid by his very own act the moment he has become convicted.

The courts have generally spoken only of foresight of “likelihood,” or of “risk,” unqualified by any adjective. Presented that foresight of the chance will represent intention in the shape of dolus eventualis, will it comply with, then, that even probably the most distant and not likely probability, if foreseen, must be taken to are intended?

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