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GENERAL
PRINCIPLES OF
CRW2601 ASSIGNMENT 1 SOLUTIONS SEMESTER 2
CRIMINAL LAW
2022 UNIQUE NUMBER 684327
LLB TUTORING CENTRE
, QUESTION 1
X, an adolescent, is a drug addict. She behaves irresponsibly by assaulting her mother for
not giving her money to buy drugs. In January 2021, a psychiatrist places her in a
rehabilitation centre for a period of three months. Within a month after being placed in
rehabilitation, X escapes from the centre. She is subsequently charged with contravening
a statutory provision dealing with admissions to rehabilitation centres. The legislation in
which the provision is found was enacted in 1993. It provides that: “(1) Any admitted
person who leaves a rehabilitation centre without the permission of the superintendent of
the centre commits a criminal offence.”
In 2020 Parliament amended the 1993 legislation, and this amendment came into effect on
1 November 2020. In line with the ethos of the new Constitution, the 2020 legislation is
premised on principles of restorative instead of retributive justice. A new statutory
provision dealing with admissions to rehabilitation centres is included, which states that:
“(1) No person admitted to a rehabilitation centre may leave, except upon a decision of the
medical council of the centre based on a progress report.” In court, X’s lawyer argues that
the charge in terms of the 1993 legislation is bad in law because at the time of her escape,
her client’s conduct did not constitute a criminal offence.
GENERAL
PRINCIPLES OF
CRW2601 ASSIGNMENT 1 SOLUTIONS SEMESTER 2
CRIMINAL LAW
2022 UNIQUE NUMBER 684327
LLB TUTORING CENTRE
, QUESTION 1
X, an adolescent, is a drug addict. She behaves irresponsibly by assaulting her mother for
not giving her money to buy drugs. In January 2021, a psychiatrist places her in a
rehabilitation centre for a period of three months. Within a month after being placed in
rehabilitation, X escapes from the centre. She is subsequently charged with contravening
a statutory provision dealing with admissions to rehabilitation centres. The legislation in
which the provision is found was enacted in 1993. It provides that: “(1) Any admitted
person who leaves a rehabilitation centre without the permission of the superintendent of
the centre commits a criminal offence.”
In 2020 Parliament amended the 1993 legislation, and this amendment came into effect on
1 November 2020. In line with the ethos of the new Constitution, the 2020 legislation is
premised on principles of restorative instead of retributive justice. A new statutory
provision dealing with admissions to rehabilitation centres is included, which states that:
“(1) No person admitted to a rehabilitation centre may leave, except upon a decision of the
medical council of the centre based on a progress report.” In court, X’s lawyer argues that
the charge in terms of the 1993 legislation is bad in law because at the time of her escape,
her client’s conduct did not constitute a criminal offence.
