• Wrong document? Swap it for free
  • Written by students who passed
  • Immediately available after payment
  • Read online or as PDF
Sell
Where do you study
Your language
Document preview thumbnail
Preview 1 out of 1 pages
Other

CRW2601 assignment1 2022

Document preview thumbnail
Preview 1 out of 1 pages

CRW2601 assignment01 2022

Content preview

65166957 N Sukdeo CRW2601 684327 Due: 19/08/2022



1. The argument carries merit- The ius acceptum principle forbids courts from creating
criminal offences. The court may only find someone guilty of a criminal offence if that
offence has already been distinctly outlined as such in law, and if the law also sets out
a criminal punishment for the offence.


The wording of the new statutory provision creates a legal norm, meaning it creates a
legal rule that does not concurrently create a crime. Therefore X’s action does not
strictly constitute a crime and carries no criminal sanction. Though, infringement of a
legal rule may lead to administrative measures being taken.


2. According to S v Mchunu- a crime will best comply with the principles of legality if it
expressly proclaims;
(a) That the particular type of conduct is a crime; and
(b) the punishment a court must impose if it finds a person guilty of such a
crime.


The court held that an enactment, which did not unambiguously create an offence and
prescribed no penalty- did not create an offence (S v Mchunu, [2011]).


Therefore, the court acted wrongly in disclosing X’s action as a criminal offence, as
there is no criminal norm nor a criminal sanction, nor can it be presumed from the
wording (R v Zinn, [1946]). The court would find their decision incomplete as there are no
parameters in which to meter out punishment and since there is no expressed crime.
The court cannot create, or in this case, recreate a crime- it is only the responsibility of
parliament.




References
1. S v Mchunu (511 of 1992) [1994] ZASCA 78
2. R v Zinn 1946 AD 346
3. General principles of criminal law, UNISA, 2021, pg 19-27, accessed on 11
August 2022.

Document information

Uploaded on
March 8, 2023
Number of pages
1
Written in
2022/2023
Type
Other
Person
Unknown
$3.12

Wrong document? Swap it for free Within 14 days of purchase and before downloading, you can choose a different document. You can simply spend the amount again.
Written by students who passed
Immediately available after payment
Read online or as PDF

Sold
3
Followers
3
Items
13
Last sold
2 year ago



Why students choose Stuvia

Created by fellow students, verified by reviews

Quality you can trust: written by students who passed their exams and reviewed by others who've used these notes.

Didn't get what you expected? Choose another document

No worries! You can immediately select a different document that better matches what you need.

Pay how you prefer, start learning right away

No subscription, no commitments. Pay the way you're used to via credit card or EFT and download your PDF document instantly.

Student with book image

“Bought, downloaded, and aced it. It really can be that simple.”

Alisha Student

Working on your references?

Create accurate citations in APA, MLA and Harvard with our free citation generator.

Working on your references?

Frequently asked questions