Criminal Law

For Criminal liability to result, the prosecution (the state) must prove, [blank_start]beyond a reasonable doubt[blank_end], that the accused has committed (i) [blank_start]voluntary[blank_end] conduct which is [blank_start]unlawful[blank_end] (sometimes referred to as an [blank_start]actus reus[blank_end]) and that this conduct was accompanied by (ii) [blank_start]criminal capacity[blank_end] and (iii) [blank_start]fault[blank_end] (sometimes referred to as [blank_start]mens rea[blank_end]).

To qualify as conduct of which the criminal law will take cognizance the conduct must be (a) that of a [blank_start]human being[blank_end] that was (b) [blank_start]voluntary[blank_end]. It may be (c) an [blank_start]act[blank_end] or [blank_start]omission[blank_end]. In the case of [blank_start]consequence[blank_end] crimes, there must be (d) [blank_start]causation[blank_end]. Finally the conduct must be (e) [blank_start]unlawful[blank_end].

How many defences excluding unlawfulness are there in South African Criminal Law?

In order to prove criminal capacity, the state must prove that the accused had what at the time of the comission of the crime?

The defences excluding capacity are [blank_start]youthfulness[blank_end], [blank_start]intoxication[blank_end], [blank_start]pathological[blank_end] incapacity and non-[blank_start]pathological[blank_end] incapacity.

In order to prove fault, the prosecution must be able to prove that the accused had acted intentionally OR negligently AND that the accused had knowledge of the unlawfulness of his/her actions.

Intention is divided into four varieties: [blank_start]dolus directus[blank_end] (the aim and object of the accused ), [blank_start]dous indirectus[blank_end] (the accused foresaw the reasonable possibility of that particular consequence occurring), [blank_start]dolus eventualis[blank_end] (the accused foresaw the remote possibility of the consequence occurring and accepted this possibility into the bargain) and [blank_start]dolus inderterminatus[blank_end] (where the accused did not have a particular object or person in mind, can take the form of the prior three dolus').

A [blank_start]perpetrator[blank_end] is someone who satisfies the definitional elements of a particular crime. An [blank_start]accomplice[blank_end] is someone who knowingly associates himself with the commission of the crime or who furthers the commission of the crime. All those who actively associate in the common purpose with the requisite guilty mind will be [blank_start]co-perpetrators[blank_end].

[blank_start]Murder[blank_end] is the [blank_start]unlawful[blank_end] and [blank_start]intentional[blank_end] killing of another person.

[blank_start]Culpable homicide[blank_end] is the [blank_start]unlawful[blank_end] and negligent killing of another person.

Assault is unlawfully and [blank_start]intentionally[blank_end]: (i) applying [blank_start]force[blank_end] to the person of another; or (ii) inspiring a [blank_start]belief[blank_end] in that other that force is [blank_start]immediately[blank_end] to be applied to him or her.

Rape is the [blank_start]unlawful[blank_end], [blank_start]intentional[blank_end], [blank_start]non-consensual[blank_end] sexual penetration of another.

[blank_start]Theft[blank_end] is the unlawful and [blank_start]intentional[blank_end] appropriation with intent to steal of a thing capable of being [blank_start]stolen[blank_end].

[blank_start]Robbery[blank_end] is the theft of [blank_start]property[blank_end] by [blank_start]intentionally[blank_end] using violence or threats of violence to induce submission to the taking of it from another.

Fraud is unlawfully making, with the intent to defraud, a misrepresentation that causes actual prejudice or which is potentially prejudicial to another.

Malicious damage to property is unlawfully and negligently damaging the property of another.

Arson is unlawfully setting an immovable structure on fire with intent to injure another.

Housebreaking with intent to commit a crime is unlawfully [blank_start]breaking[blank_end] and [blank_start]entering[blank_end] premises with [blank_start]intent[blank_end] to commit that crime.

[blank_start]Public violence[blank_end] is the unlawful and [blank_start]intentional[blank_end] commission by a number of people acting in [blank_start]concert[blank_end] of acts of sufficiently serious dimensions which are intended forcibly to [blank_start]disturb[blank_end] the public peace or security or to [blank_start]invade[blank_end] the rights of others.

[blank_start]Treason[blank_end] is an overt act unlawfully committed by a person owing [blank_start]allegiance[blank_end] to a state with intent to [blank_start]overthrow[blank_end], impair, violate, threaten or endanger the [blank_start]existence[blank_end], independence or security of the state or to overthrow or coerce the government of the state or change the [blank_start]constitutional[blank_end] structure of the state.

Defeating or obstructing the course of justice is unlawfully doing an act that is intended to defeat or obstruct and which does defeat or obstruct the due administration of justice.