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CRW2602 Criminal Law Specific Crimes Summary Notes Definitions Summary

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CRW2602 Criminal Law Specific Crimes Summary Notes Definitions Summary

Institution
Course

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The unlawful and intentional performance of an act, or acts, by a number
Public violence of persons which assumes serious proportions and is intended to disturb
(Unit 1) the public peace and order by violent means, or to infringe the rights of
another.

Perjury at common law Perjury at common law consists in the unlawful, intentional making of a
false declaration under oath (or in a form allowed by law to be substituted
(Unit 2) for an oath) in the course of a legal proceeding.

Defeating or obstructing The crime of defeating the course of justice consists in unlawfully and
the course of justice intentionally engaging in conduct which defeats or obstructs the course or
(Unit 2) administration of justice.

Contempt of court consists in the unlawful and intentional (1) violation
of the dignity, repute or authority of a judicial body or a judicial officer in
Contempt of court
his judicial capacity, or (2) the publication of information or comment
(Unit 2) concerning a pending judicial proceeding, which has the tendency to
influence the outcome of the proceeding or to interfere with the
administration of justice in that proceeding.

Anyone that (a) accepts any gratification from any other person, or (b)
Corruption
gives any gratification to any other person, in order to act in a manner that
(Unit 3) amounts to the illegal exercise of any duties, is guilty of the offence of
corruption.

Extortion The unlawful and intentional acquisition of a benefit from some other
person by applying pressure to that person which induces her to part with
(Unit 3) the benefit.

It is an offence for any person unlawfully and intentionally to use or have
The use or possession of in their
drugs
possession any dependence-producing substance or any dangerous
(Unit 3) dependence- producing substance or any undesirable dependence-
producing substance. (s 4 of the Act)

It is an offence unlawfully and intentionally to deal in any dependence-
Dealing in drugs producing substance or any dangerous dependence-producing substance
(Unit 3) or in any undesirable dependence-producing substance. (s 5(b) and 13(f)
of the Act)

Unlawful possession of a Any person who possesses a firearm without a license, permit or
firearm authorization issued in terms of the Act for that firearm, commits an
(Unit 3) offence. (s 3 of the Act)

, Firearm “any device manufactured or designed to propel a bullet or projectile
(Unit 3) through a barrel or cylinder by means of burning propellant”

"Public road" means any road, street or thoroughfare or any other place
(whether a thoroughfare or not) which is commonly used by the public or
any section thereof or to which the public or any section thereof has a
Public road right of access, and includes - (a) the verge of any such road, street or
thoroughfare; (b) any bridge, ferry or drift traversed by any such road,
street or thoroughfare; and (c) any other work or object forming part of or
connected with or belonging to such road, street or thoroughfare.

(1) No person shall drive a vehicle on a public road recklessly or
negligently. (2) Without restricting the ordinary meaning of the word
"recklessly" any person who drives a vehicle in wilful or wanton
disregard for the safety of persons or property shall be deemed to drive
that vehicle recklessly. (3) In considering whether subsection (1) has
Reckless or negligent
been contravened, the court shall have regard to all the circumstances of
driving
the case, including, but without derogating from the generality of
subsection (1) or (2), the nature, condition and use of the public road
upon which the contravention is alleged to have been committed, the
amount of traffic which at the relevant time was or which could
reasonably have been expected to be upon that road, and the speed and
manner in which the vehicle was driven.

Section 63(1) provides that it is an offence for any person to drive a
Reckless driving
vehicle recklessly upon a public road.

Section 63(1) of the NRTA also provides that it is an offence for any
Negligent driving
person to drive negligently upon a public road.

No person shall drive a vehicle on a public road without reasonable
Inconsiderate driving
consideration for any other person using the road.

Driving under the No person shall on a public road - (a) drive a vehicle; or (b) occupy
influence of intoxicating the driver's seat of a motor vehicle the engine of which is running while
liquor or drugs with a under the influence of intoxicating liquor or a drug having a narcotic
narcotic effect effect.

No person shall on a public road - (a) drive a vehicle; or (b) occupy
Driving with excessive the driver's seat of a motor vehicle the engine of which is running while
alcohol in the blood the concentration of alcohol in any specimen of blood taken from any part
of his or her body is not less than 0.05 gram per 100 millilitres, or in the
case of a professional driver, not less than 0.02 gram per 100 millilitres.

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Institution
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