Criminal Law 202 – Complete Summary
Notes (UWC Semester 1)
These are concise and exam-focused notes for Criminal Law 202 at the University of the
Western Cape (UWC). They are designed to help second-year law students quickly grasp the
essential principles, key elements, and common defences in South African criminal law. Use
these summaries for test preparation, class revision, or exam cramming.
Table of Contents
1. 1. Elements of a Crime
2. 2. Actus Reus (Conduct Element)
3. 3. Causation (Factual and Legal)
4. 4. Unlawfulness
5. 5. Criminal Capacity (Responsibility)
6. 6. Fault (Mens Rea – Intention and Negligence)
7. 7. Common Defences (Consent, Necessity, Private Defence)
8. 8. Bonus: Quick Case Law Summaries
1. Elements of a Crime
To secure a conviction, the State must prove the following four elements:
- Conduct (Actus Reus)
- Unlawfulness
- Criminal Capacity
- Fault (Mens Rea)
2. Actus Reus (Conduct Element)
Actus Reus refers to a voluntary human act or legally punishable omission. Key aspects
include:
- Voluntariness: Must be a conscious, willed act (excludes reflexes, unconscious states).
- Omissions: Only punishable if there's a legal duty to act.
- Human Conduct: Only human actions are considered under criminal law.
3. Causation (Factual and Legal)
Causation determines the link between the conduct and the prohibited result.
• Factual Causation (But-For Test): 'But for the accused’s conduct, would the harm have
occurred?'
• Legal Causation: The result must be sufficiently closely connected to the act. Consider:
Notes (UWC Semester 1)
These are concise and exam-focused notes for Criminal Law 202 at the University of the
Western Cape (UWC). They are designed to help second-year law students quickly grasp the
essential principles, key elements, and common defences in South African criminal law. Use
these summaries for test preparation, class revision, or exam cramming.
Table of Contents
1. 1. Elements of a Crime
2. 2. Actus Reus (Conduct Element)
3. 3. Causation (Factual and Legal)
4. 4. Unlawfulness
5. 5. Criminal Capacity (Responsibility)
6. 6. Fault (Mens Rea – Intention and Negligence)
7. 7. Common Defences (Consent, Necessity, Private Defence)
8. 8. Bonus: Quick Case Law Summaries
1. Elements of a Crime
To secure a conviction, the State must prove the following four elements:
- Conduct (Actus Reus)
- Unlawfulness
- Criminal Capacity
- Fault (Mens Rea)
2. Actus Reus (Conduct Element)
Actus Reus refers to a voluntary human act or legally punishable omission. Key aspects
include:
- Voluntariness: Must be a conscious, willed act (excludes reflexes, unconscious states).
- Omissions: Only punishable if there's a legal duty to act.
- Human Conduct: Only human actions are considered under criminal law.
3. Causation (Factual and Legal)
Causation determines the link between the conduct and the prohibited result.
• Factual Causation (But-For Test): 'But for the accused’s conduct, would the harm have
occurred?'
• Legal Causation: The result must be sufficiently closely connected to the act. Consider:
