, CRW2603 ASSIGNMENT 1 SEMESTER 2
DUE DATE: AUGUST 2026
1. Introduction
The doctrine of common purpose is a legal tool used in serious crimes like murder and rape.
It is a principle of South African criminal law that allows criminal responsibility to be
attributed to persons who act together in the commission of an unlawful offence, even
where one or more members of the group did not personally perform the act that caused
the criminal consequence. The doctrine is concerned with situations where people share a
criminal purpose and actively participate in achieving that purpose. The Constitutional
Court explained that the doctrine regulates the attribution of criminal liability where a
person undertakes the commission of a crime jointly with another person or persons
(Thebus para 18). The doctrine is particularly important in group criminality because it
would often be difficult to establish precisely which individual act caused the final criminal
consequence.
2. The Doctrine of Common Purpose
The doctrine of common purpose establishes a basis upon which persons who participate in
a joint unlawful enterprise can be held criminally liable for criminal conduct falling within
their common design. Where two or more people agree to commit a crime, or actively
associate themselves with a joint unlawful enterprise, the conduct of one participant in
carrying out the common design may be attributed to the others who share that purpose
(Thebus para 18). The essential idea is therefore that criminal responsibility may arise from
the shared purpose and participation of the group rather than only from the physical act of
the individual accused.
DUE DATE: AUGUST 2026
1. Introduction
The doctrine of common purpose is a legal tool used in serious crimes like murder and rape.
It is a principle of South African criminal law that allows criminal responsibility to be
attributed to persons who act together in the commission of an unlawful offence, even
where one or more members of the group did not personally perform the act that caused
the criminal consequence. The doctrine is concerned with situations where people share a
criminal purpose and actively participate in achieving that purpose. The Constitutional
Court explained that the doctrine regulates the attribution of criminal liability where a
person undertakes the commission of a crime jointly with another person or persons
(Thebus para 18). The doctrine is particularly important in group criminality because it
would often be difficult to establish precisely which individual act caused the final criminal
consequence.
2. The Doctrine of Common Purpose
The doctrine of common purpose establishes a basis upon which persons who participate in
a joint unlawful enterprise can be held criminally liable for criminal conduct falling within
their common design. Where two or more people agree to commit a crime, or actively
associate themselves with a joint unlawful enterprise, the conduct of one participant in
carrying out the common design may be attributed to the others who share that purpose
(Thebus para 18). The essential idea is therefore that criminal responsibility may arise from
the shared purpose and participation of the group rather than only from the physical act of
the individual accused.
