Exam (elaborations) CRW1501 - Introduction To The General Principles Of Criminal Law (CRW 1501)
QUESTION ONE No, the charge does not meet the requirements of the principle of legality because the law prohibiting smoking in bars came into effect on the 1st February 2020 and Y smoked in the bar on the 31st December 2019. The conduct of the accused person must have been recognized as a crime at the time of its commission. This rule is referred to as the “prohibition on retrospectivity” and is confirmed as part of South African law by virtue of its inclusion in the South African Constitution. QUESTION TWO Four examples of conduct which can fall under the heading of “automatism” :- 1. Reflex movements such as heart palpitations or a sneezing fit; 2. Somnambulism (sleepwalking); 3. Muscular movements such as an arm movement of a person who is asleep, unconscious or hypnotized, or having a nightmare; 4. An epileptic fit or a so-called blackout.
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