1 of 107
Term
difference between necessity and private defence con
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Liable because police have legal duty to protect citizen. There is a legal duty to
act positively if the legal convictions of the community require him to do so
Necessity: Origin of situation of emergency: Any act or chance circumstances
Object at which act of defence directed: Interests of another innocent 3rd party
or a violation of a legal provision
Convicted of negligent driving. Courts are sceptical of this defence. Must
provide basis for defence sufficient to create doubt whether act was voluntary
(eg medical/expert evidence)
, private defence: Origin of situation of emergency: Unlawful, human attack
Object at which act of defence directed: Unlawful human attack
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2 of 107
Term
Minister van Polisie v Ewels:
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shopkeeper rigged a shotgun to go off if a person broke in. Warning notice
placed on shop door. Fatal wound caused to intruder. Discharged of murder on
ground of private defence. Private defence can discharge liability if person killed
in protection of property.
-Deter society as a whole from committing a crime
- Efficiency of theory does not only depend on severity of the punishment- also
probability that offender will be caught, convicted and serve sentence.
-Criticism:
1. assumes man rationally weighs action before doing.
2. Cannot be proved
3. permits disproportionate punishment
plaintiff was assaulted in police station by police sergeant not on duty. It
took place in front of other policemen who could have prevented it.
Minister of Police sued for damages.
- Nobody should be convicted of crime unless it was recognised by law as a
crime at the moment it took place
, - Creation of crime with retrospective effect not legal (ex post facto legislation)
- Sec 35(3)(l) expressly sets out ius praevium rule
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3 of 107
Term
Trickett:
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woman unexpectedly swerved causing vehicular collision. Claimed that she
had a lapse of consciousness that rendered her conduct involuntary.
father conspired to have car hijacked and mother shot. Baby died and he was
charged, amongst others, with murder of unborn child. Court held that it could
not extend definition of murder to cover killing of unborn child as that would
offend principle of legality.
court refused to accept that in our law criminal liability is necessarily based on
"proximate cause."
shopkeeper rigged a shotgun to go off if a person broke in. Warning notice
placed on shop door. Fatal wound caused to intruder. Discharged of murder on
ground of private defence. Private defence can discharge liability if person killed
in protection of property.
Don't know?
4 of 107
, Definition
Liable because police have legal duty to protect citizen. There is a
legal duty to act positively if the legal convictions of the community
require him to do so
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CONSENT NECESSITY:
Fourie: ewels
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5 of 107
Term
Insane automatism
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Restoring of legal balance which has been disturbed by commission of the
crime. Punishment is the payment of the payment of the account which, criminal
owes to society.
Defence of mental illness (insanity) Onus of proof on accused to prove his
insanity. Committed to psychiatric hospital - loses freedom
Term
difference between necessity and private defence con
Give this one a try later!
Liable because police have legal duty to protect citizen. There is a legal duty to
act positively if the legal convictions of the community require him to do so
Necessity: Origin of situation of emergency: Any act or chance circumstances
Object at which act of defence directed: Interests of another innocent 3rd party
or a violation of a legal provision
Convicted of negligent driving. Courts are sceptical of this defence. Must
provide basis for defence sufficient to create doubt whether act was voluntary
(eg medical/expert evidence)
, private defence: Origin of situation of emergency: Unlawful, human attack
Object at which act of defence directed: Unlawful human attack
Don't know?
2 of 107
Term
Minister van Polisie v Ewels:
Give this one a try later!
shopkeeper rigged a shotgun to go off if a person broke in. Warning notice
placed on shop door. Fatal wound caused to intruder. Discharged of murder on
ground of private defence. Private defence can discharge liability if person killed
in protection of property.
-Deter society as a whole from committing a crime
- Efficiency of theory does not only depend on severity of the punishment- also
probability that offender will be caught, convicted and serve sentence.
-Criticism:
1. assumes man rationally weighs action before doing.
2. Cannot be proved
3. permits disproportionate punishment
plaintiff was assaulted in police station by police sergeant not on duty. It
took place in front of other policemen who could have prevented it.
Minister of Police sued for damages.
- Nobody should be convicted of crime unless it was recognised by law as a
crime at the moment it took place
, - Creation of crime with retrospective effect not legal (ex post facto legislation)
- Sec 35(3)(l) expressly sets out ius praevium rule
Don't know?
3 of 107
Term
Trickett:
Give this one a try later!
woman unexpectedly swerved causing vehicular collision. Claimed that she
had a lapse of consciousness that rendered her conduct involuntary.
father conspired to have car hijacked and mother shot. Baby died and he was
charged, amongst others, with murder of unborn child. Court held that it could
not extend definition of murder to cover killing of unborn child as that would
offend principle of legality.
court refused to accept that in our law criminal liability is necessarily based on
"proximate cause."
shopkeeper rigged a shotgun to go off if a person broke in. Warning notice
placed on shop door. Fatal wound caused to intruder. Discharged of murder on
ground of private defence. Private defence can discharge liability if person killed
in protection of property.
Don't know?
4 of 107
, Definition
Liable because police have legal duty to protect citizen. There is a
legal duty to act positively if the legal convictions of the community
require him to do so
Give this one a try later!
CONSENT NECESSITY:
Fourie: ewels
Don't know?
5 of 107
Term
Insane automatism
Give this one a try later!
Restoring of legal balance which has been disturbed by commission of the
crime. Punishment is the payment of the payment of the account which, criminal
owes to society.
Defence of mental illness (insanity) Onus of proof on accused to prove his
insanity. Committed to psychiatric hospital - loses freedom
