, CRW2601 Assignment 1 (COMPLETE ANSWERS)
Semester 1 2026 – DUE 27 March 2026; 100% Correct
solutions and explanations.
As legal representative for Y, the appropriate defence to raise in order to secure a
complete acquittal is the defence of necessity, also commonly referred to as
compulsion or duress. This defence is recognised in South African criminal law
and applies where an accused commits a criminal act under circumstances of
extreme pressure, such that the law regards their conduct as lacking criminal
blameworthiness.
1. Nature and Legal Basis of the Defence
The defence of necessity arises where an accused is compelled to commit an
unlawful act in order to avoid a greater harm. In essence, the law accepts that in
exceptional circumstances, a person may be forced to choose between two evils,
and if the requirements are met, their conduct is justified.
The leading authority on this defence in South African law is S v Goliath 1972 (3)
SA 1 (A), where the Appellate Division recognised that compulsion can serve as a
complete defence even in cases of serious crimes such as murder. The court
acknowledged that a person acting under severe coercion may lack the requisite
voluntariness necessary for criminal liability.
2. Requirements for the Defence of Necessity
For the defence to succeed, the following elements must be satisfied:
2.1 Existence of a Threat of Death or Serious Bodily Harm
There must be a threat of serious harm or death directed at the accused or a third
party. The threat must be credible and capable of inducing fear in a reasonable
person.
Semester 1 2026 – DUE 27 March 2026; 100% Correct
solutions and explanations.
As legal representative for Y, the appropriate defence to raise in order to secure a
complete acquittal is the defence of necessity, also commonly referred to as
compulsion or duress. This defence is recognised in South African criminal law
and applies where an accused commits a criminal act under circumstances of
extreme pressure, such that the law regards their conduct as lacking criminal
blameworthiness.
1. Nature and Legal Basis of the Defence
The defence of necessity arises where an accused is compelled to commit an
unlawful act in order to avoid a greater harm. In essence, the law accepts that in
exceptional circumstances, a person may be forced to choose between two evils,
and if the requirements are met, their conduct is justified.
The leading authority on this defence in South African law is S v Goliath 1972 (3)
SA 1 (A), where the Appellate Division recognised that compulsion can serve as a
complete defence even in cases of serious crimes such as murder. The court
acknowledged that a person acting under severe coercion may lack the requisite
voluntariness necessary for criminal liability.
2. Requirements for the Defence of Necessity
For the defence to succeed, the following elements must be satisfied:
2.1 Existence of a Threat of Death or Serious Bodily Harm
There must be a threat of serious harm or death directed at the accused or a third
party. The threat must be credible and capable of inducing fear in a reasonable
person.
