CRW2601 EXAM MEMO
OCT/NOV2020
Joseph
0784683517
, CRW2601 EXAM
QUESTION 1
i) Ius acceptum implies that a court can only find an accused guilty of a crime if the kind
of act performed by the accused is recognised by the law as a crime .This explicitly show
that a court cannot create crime in accordance to the ius acceptum rule. The word ius
means law and acceptum means which has been received. Ius acceptum refers to
common law and statutory law. In M case it was held by Kotze J that the court do not
possess the power to create crimes upon the ground that in our view the conduct in clearly
contrary to good morals and our courts are not guardians of morals. This shows that if
there is no provision of the common law declaring that certain conduct constitutes an
offence whence no crime have been committed and the courts have held that there can
be no crime. If parliament wishes to create a crime, an Act purporting to create such a
crime will best comply with the principle of legality if it expressly declares
(1) that that particular type of conduct is a crime, and
(2) what punishment a court must impose upon a person convicted of such a crime.
In the given set of facts, the Act recognized that the conduct of escaping from a
rehabilitation centre as a criminal office. Therefore, when X escaped committed an offices
as the conducts was a crime at that time. This means that the lawyers argument has no
merits.
ii) If parliament wishes to create a crime, an Act purporting to create such a crime will best
comply with the principle of legality if it expressly declares that that particular type of
conduct is a crime, and what punishment a court must impose upon a person convicted
of such a crime. In Director of Public Prosecutions, Western Cape v Prins case it was
argued that no crime is created in the absence of a penalty clause in the particular
legislation (prescribed punishment). Stated differently, the arguement was that a person
accused of a statutory offence cannot be charged and found guilty of such an offence if
there is not also a sentence or punishment prescribed for the offence in the particular
OCT/NOV2020
Joseph
0784683517
, CRW2601 EXAM
QUESTION 1
i) Ius acceptum implies that a court can only find an accused guilty of a crime if the kind
of act performed by the accused is recognised by the law as a crime .This explicitly show
that a court cannot create crime in accordance to the ius acceptum rule. The word ius
means law and acceptum means which has been received. Ius acceptum refers to
common law and statutory law. In M case it was held by Kotze J that the court do not
possess the power to create crimes upon the ground that in our view the conduct in clearly
contrary to good morals and our courts are not guardians of morals. This shows that if
there is no provision of the common law declaring that certain conduct constitutes an
offence whence no crime have been committed and the courts have held that there can
be no crime. If parliament wishes to create a crime, an Act purporting to create such a
crime will best comply with the principle of legality if it expressly declares
(1) that that particular type of conduct is a crime, and
(2) what punishment a court must impose upon a person convicted of such a crime.
In the given set of facts, the Act recognized that the conduct of escaping from a
rehabilitation centre as a criminal office. Therefore, when X escaped committed an offices
as the conducts was a crime at that time. This means that the lawyers argument has no
merits.
ii) If parliament wishes to create a crime, an Act purporting to create such a crime will best
comply with the principle of legality if it expressly declares that that particular type of
conduct is a crime, and what punishment a court must impose upon a person convicted
of such a crime. In Director of Public Prosecutions, Western Cape v Prins case it was
argued that no crime is created in the absence of a penalty clause in the particular
legislation (prescribed punishment). Stated differently, the arguement was that a person
accused of a statutory offence cannot be charged and found guilty of such an offence if
there is not also a sentence or punishment prescribed for the offence in the particular
