CRW2601 - 7. Definitional Elements and Causation Questions with Correct Answers

Discuss Definitional Elements and Causation. Correct Answer The definitional elements signify the concise description of the requirements set by the law for liability for a specific type of crime. Contains the formula for determining which elements apply to a specific crime. Definitional elements contain: 1. Description, i.e. possession, sexual intercourse, etc. 2. Circumstances in which act must take place, i.e. forcible entry. 3. Characteristics of the person, i.e. male in rape. 4. Nature of the object in respect of which the act must be committed, i.e. possession of dagga. 5. Place (sometimes) where act has to be committed, i.e. park on a yellow line 6. Time (sometimes), i.e. on a Sunday. Discuss Formally & Materially defined crimes. Correct Answer 1. Formally defined crimes: Definitional elements proscribe a certain type of conduct irrespective of the result, i.e. rape, perjury. 2. Materially defined crimes: (result crimes/consequence crimes) Definitional elements do not proscribe a specific conduct, but any conduct which causes a specific condition, i.e. murder, arson, culpable homicide. Discuss Causation. Correct Answer In the vast majority of cases of materially defined crimes which come before the courts, determining whether X's act was the cause of the prohibited condition does not present any problems. Problems in terms of causation usually arise in connection with murder & culpable homicide. Question to ask is: did the act precipitate the death. Cases: Makali 1950, Hartmann 1975 What is the basic principle in determining Causation? Correct Answer To determine whether there is a causal link between X's act and the prohibited condition 2 requirements must be met: Thus: 1. It must be clear that X's act was the factual cause of Y's death. 2. It must be clear that X's act was the legal cause of Y's death. Formula: Causal link = factual causation + legal causation