Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
93 Cards in this Set
- Front
- Back
|
Requirements of consent |
Must be given voluntarily By a person with certain mental abilities Based upon knowledge of the true and material facts Given either expressly or tacitly Before the commission of the act Given by the complainant herself |
|
|
Name 4 factors identified in the Steyn case- private defence |
Relationship between the parties The gender or sex of the parties, their respective physical strengths and ages The location of the incident The nature of the weapon used in the attack |
|
|
Dolus eventualis def |
Z had foreseen the possibility that his conduct may cause the forbidden result and that he had reconciled himself to such possibility |
|
|
Define the doctrine of common purpose |
If 2 or more people having a common purpose to commit a crime, act together in order achieve their result |
|
|
Test of negligence |
A person's conduct is negligent if: 1) a reasonable person in the same circumstances would have foreseen the possibility that a) the particular circumstances might exist b) his conduct might bring about the particular result 2)A reasonable person would have taken steps to guard against such possibility and 3) the conduct of the person whose negligence has to be determined differed from the conduct expected of the reasonable person |
|
|
5rules embodied in the principle pf legality |
1)Ius acceptum Court may not create a crime 2) Ius praevium Court may only find accised guilty of a crime if act was recognised as a crime at the time of the commission 3) Ius certum Crimes must not be formulated vaguely 4)Ius strictum Court must interpret def of crime narrowly rather than broadly 5) nulla poena sine lege Above rules must also apply to sentencing |
|
|
Formally defined crimes |
Definitional elements proscribe a certain conduct irrespective of what the result of the conduct. Eg rape, prejury, possession of drugs |
|
|
Formally defined crimes |
Definitional elements proscribe a certain conduct irrespective of what the result of the conduct. Eg rape, prejury, possession of drugs |
|
|
Materially defined crimes |
Definitional elements do not prescribe a certain conduct but any conduct which causes a specific condition Eg murder, culpable homicide,arson |
|
|
Formally defined crimes |
Definitional elements proscribe a certain conduct irrespective of what the result of the conduct. Eg rape, prejury, possession of drugs |
|
|
Materially defined crimes |
Definitional elements do not prescribe a certain conduct but any conduct which causes a specific condition Eg murder, culpable homicide,arson |
|
|
Requirements for plea of Necessity |
* legal interest threatened * may also protect another * emergency already begun but not yet terminated *may rely on necessity even if personally responsible for emergency * not legally compelled to endure danger * only way to avert danger * conscious of fact that emergency exist * not more harm caused than necessary |
|
|
Formally defined crimes |
Definitional elements proscribe a certain conduct irrespective of what the result of the conduct. Eg rape, prejury, possession of drugs |
|
|
Materially defined crimes |
Definitional elements do not prescribe a certain conduct but any conduct which causes a specific condition Eg murder, culpable homicide,arson |
|
|
Requirements for plea of Necessity |
* legal interest threatened * may also protect another * emergency already begun but not yet terminated *may rely on necessity even if personally responsible for emergency * not legally compelled to endure danger * only way to avert danger * conscious of fact that emergency exist * not more harm caused than necessary |
|
|
Criminal capacity |
Must have the ability to 1) appreciate the wrongfulness of the act or omission (cognitive) and act 2) in accordance with such an appreciation of the wrongfulness of his act or omission (conative) |
|
|
Formally defined crimes |
Definitional elements proscribe a certain conduct irrespective of what the result of the conduct. Eg rape, prejury, possession of drugs |
|
|
Materially defined crimes |
Definitional elements do not prescribe a certain conduct but any conduct which causes a specific condition Eg murder, culpable homicide,arson |
|
|
Requirements for plea of Necessity |
* legal interest threatened * may also protect another * emergency already begun but not yet terminated *may rely on necessity even if personally responsible for emergency * not legally compelled to endure danger * only way to avert danger * conscious of fact that emergency exist * not more harm caused than necessary |
|
|
Criminal capacity |
Must have the ability to 1) appreciate the wrongfulness of the act or omission (cognitive) and act 2) in accordance with such an appreciation of the wrongfulness of his act or omission (conative) |
|
|
Different forms of attempt |
Complete attempt Interrupted attempt Attempt to commit the impossible Voluntary withdrawal |
|
|
Formally defined crimes |
Definitional elements proscribe a certain conduct irrespective of what the result of the conduct. Eg rape, prejury, possession of drugs |
|
|
Materially defined crimes |
Definitional elements do not prescribe a certain conduct but any conduct which causes a specific condition Eg murder, culpable homicide,arson |
|
|
Requirements for plea of Necessity |
* legal interest threatened * may also protect another * emergency already begun but not yet terminated *may rely on necessity even if personally responsible for emergency * not legally compelled to endure danger * only way to avert danger * conscious of fact that emergency exist * not more harm caused than necessary |
|
|
Criminal capacity |
Must have the ability to 1) appreciate the wrongfulness of the act or omission (cognitive) and act 2) in accordance with such an appreciation of the wrongfulness of his act or omission (conative) |
|
|
Different forms of attempt |
Complete attempt Interrupted attempt Attempt to commit the impossible Voluntary withdrawal |
|
|
Persons involved in a crime |
Back (Definition) |
|
|
Formally defined crimes |
Definitional elements proscribe a certain conduct irrespective of what the result of the conduct. Eg rape, prejury, possession of drugs |
|
|
Materially defined crimes |
Definitional elements do not prescribe a certain conduct but any conduct which causes a specific condition Eg murder, culpable homicide,arson |
|
|
Requirements for plea of Necessity |
* legal interest threatened * may also protect another * emergency already begun but not yet terminated *may rely on necessity even if personally responsible for emergency * not legally compelled to endure danger * only way to avert danger * conscious of fact that emergency exist * not more harm caused than necessary |
|
|
Criminal capacity |
Must have the ability to 1) appreciate the wrongfulness of the act or omission (cognitive) and act 2) in accordance with such an appreciation of the wrongfulness of his act or omission (conative) |
|
|
Different forms of attempt |
Complete attempt Interrupted attempt Attempt to commit the impossible Voluntary withdrawal |
|
|
Persons involved in a crime |
Back (Definition) |
|
|
Def of perpetrator |
Back (Definition) |
|
|
Formally defined crimes |
Definitional elements proscribe a certain conduct irrespective of what the result of the conduct. Eg rape, prejury, possession of drugs |
|
|
Materially defined crimes |
Definitional elements do not prescribe a certain conduct but any conduct which causes a specific condition Eg murder, culpable homicide,arson |
|
|
Requirements for plea of Necessity |
* legal interest threatened * may also protect another * emergency already begun but not yet terminated *may rely on necessity even if personally responsible for emergency * not legally compelled to endure danger * only way to avert danger * conscious of fact that emergency exist * not more harm caused than necessary |
|
|
Criminal capacity |
Must have the ability to 1) appreciate the wrongfulness of the act or omission (cognitive) and act 2) in accordance with such an appreciation of the wrongfulness of his act or omission (conative) |
|
|
Different forms of attempt |
Complete attempt Interrupted attempt Attempt to commit the impossible Voluntary withdrawal |
|
|
Persons involved in a crime |
Back (Definition) |
|
|
Def of perpetrator |
|
|
|
Def of accomplice |
Back (Definition) |
|
|
Formally defined crimes |
Definitional elements proscribe a certain conduct irrespective of what the result of the conduct. Eg rape, prejury, possession of drugs |
|
|
Materially defined crimes |
Definitional elements do not prescribe a certain conduct but any conduct which causes a specific condition Eg murder, culpable homicide,arson |
|
|
Requirements for plea of Necessity |
* legal interest threatened * may also protect another * emergency already begun but not yet terminated *may rely on necessity even if personally responsible for emergency * not legally compelled to endure danger * only way to avert danger * conscious of fact that emergency exist * not more harm caused than necessary |
|
|
Criminal capacity |
Must have the ability to 1) appreciate the wrongfulness of the act or omission (cognitive) and act 2) in accordance with such an appreciation of the wrongfulness of his act or omission (conative) |
|
|
Different forms of attempt |
Complete attempt Interrupted attempt Attempt to commit the impossible Voluntary withdrawal |
|
|
Persons involved in a crime |
Back (Definition) |
|
|
Def of perpetrator |
|
|
|
Def of accomplice |
|
|
|
Def of Co-perpetrator |
|
|
|
Accessory after the fact |
Back (Definition) |
|
|
Accessory after the fact |
Back (Definition) |
|
|
Doctrine of common purpose |
|
|
|
Joiner in |
|
|
|
Interrupted attempt |
Back (Definition) |
|
|
Secrion 35(3)(1) of the Constitution |
|
|
|
Factors which exclude the voluntariness of the act |
Back (Definition) |
|
|
Sane automatism Insane automatism Antecedent liability |
Back (Definition) |
|
|
Ommission |
Back (Definition) |
|
|
Ommission |
Back (Definition) |
|
|
Legal duty: specific instances + examples |
|
|
|
S v Daniëls case |
Back (Definition) |
|
|
S v Daniëls case |
Back (Definition) |
|
S v Molfethi case |
|
|
S v Tembani case |
Back (Definition) |
|
S v Tembani case |
|
|
|
S v Fourie case |
|
|
|
R v Patel case |
Back (Definition) |
|
S v Tembani case |
|
|
|
S v Fourie case |
|
|
|
R v Patel case |
|
|
|
Ex parte minister van justisie: re S v van wyl |
|
|
|
S v Mogoklwane |
Back (Definition) |
|
|
S v Tembani case |
|
|
|
S v Fourie case |
|
|
|
R v Patel case |
|
|
|
Ex parte minister van justisie: re S v van wyl |
|
|
|
S v Mogoklwane |
Back (Definition) |
|
|
S v Goliath case |
Back (Definition) |
|
|
S v Steyn case |
|
|
|
CS v Chretien case |
|
|
|
S v Mnisi |
|
|
|
S v Masilela |
|
|
|
S v Goosen |
|
|
|
S v Eadie case |
|
|
|
S v De Blom case |
|
|
|
Presumed consent |
|
|
|
S v zinn case |
|
|
|
S v Masiya case |
|
|
|
Director of P Prosecution , WC Prins and Others |
|
|
|
R v Dhalamini case S v Henry case |
|
|
|
Minister van polisie v ewels case |
Back (Definition) |
