CRW2601 Revision pack
Question 1
Name the four general requirements of criminal liability (4)
Act or conduct
Compliance with the definitional elements of a crime
Unlawfulness
Culpability
Define the principle of legality.
An accused may (1) not be convicted of a crime – (a) unless the type
of conduct with which she is charged has been recognised by the
law as a crime (b) in clear terms (c) before the conduct took place
(d) without it being necessary to interpret the words in the
definition of the crime broadly in order to cover the accused’s
conduct; and (2) if convicted, not be sentenced unless the sentence
also complies with the four requirements set out above
(a) X, a fifteen-year- old girl is a party-animal. She is also an
alcoholic and is placed into a rehabilitation centre by her
parents for a month. Two weeks after being placed in
rehabilitation, X escapes from the centre. Is X guilty of a
crime? Discuss the ius acceptum principle with reference to
applicable case law. (7)
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 it was held by Kotze J that the court do not possess the
www.studynotesunisa.co.za
, CRW2601 Revision pack
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.
In the set of facts, the fifteen year old girl who was detained to a
rehabilitation centre and escaped, by escaping (conduct) the
girls conduct does not constitutes a crime in the sense that this
kind of conduct is not recognised by the as a crime its contrary
to the morals of the society In M the court stated that if there is
a need to make which in immoral to society punishable, it is the
duty of the legislature to declare such conduct punishable. In a
nutshell, the girls conduct is not declared by the legislation as
a crime so she did not commit any crime.
c) In June 2015, X is charged with drunken driving, a crime which
he had allegedly committed in September 2014. Assume that, at
that time (in 2014), legislation provided that a first offender could
not be sent to prison for a conviction of drunken driving.
However, in February 2015 the legislature amended the
legislation, giving the courts discretion to send a first offender
convicted of drunken driving to prison for a period not exceeding
six months. X, a first offender, is convicted of the crime of
drunken driving. The court, relying on the new legislation,
sentences him to a period of three months’ imprisonment.
Discuss whether the punishment imposed by the court may be
challenged on the ground that it violates the principle of legality.
The punishment of imprisonment imposed on X may be
challenged on the grounds that it violates the ius praevium rule.
In the context of punishment, this principle means that a more
severe punishment may not be imposed on a person than the
www.studynotesunisa.co.za
, CRW2601 Revision pack
punishment that could be imposed at the time of the
commission of the offence.
In terms of section 35(3)(n) of the Constitution , punishment
which is increased after the commission of a crime, may not
be imposed to the detriment of an accused.
Consequently, the sentence imposed by the court violates the
ius praevium rule thus X cannot be sentenced to three months
imprisonment.
(b) Briefly explain what is meant by the term “automatism” and
give two examples. (4)
Automatism is where a person behaves in a mechanical fashion
that’s is the person muscular movements are reminiscent of the
mechanical behaviour of an automaton which amount to
involuntary movement /conduct. Examples are an epileptic fit and
somnambulism.
Discuss the defence of automatism. Your answer must include
(i) examples from the case law of cases in which this defence succeeded;
Answer
(a) AUTOMATISM -
A person acts in a state of automatism if he acts in a mechanical fashion.
Examples of such instances are reflex movements such as heart palpitations
or a sneezing fit and A person who acts in a state of automatism does not act
voluntarily. (i) Dlamini's case - X killed Y while under influence of the
nightmare. Mkize's case - X killed Y while he was having an epileptic fit.
Du Plessis's case - an experienced driver had a mental “blackout”.
www.studynotesunisa.co.za
Question 1
Name the four general requirements of criminal liability (4)
Act or conduct
Compliance with the definitional elements of a crime
Unlawfulness
Culpability
Define the principle of legality.
An accused may (1) not be convicted of a crime – (a) unless the type
of conduct with which she is charged has been recognised by the
law as a crime (b) in clear terms (c) before the conduct took place
(d) without it being necessary to interpret the words in the
definition of the crime broadly in order to cover the accused’s
conduct; and (2) if convicted, not be sentenced unless the sentence
also complies with the four requirements set out above
(a) X, a fifteen-year- old girl is a party-animal. She is also an
alcoholic and is placed into a rehabilitation centre by her
parents for a month. Two weeks after being placed in
rehabilitation, X escapes from the centre. Is X guilty of a
crime? Discuss the ius acceptum principle with reference to
applicable case law. (7)
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 it was held by Kotze J that the court do not possess the
www.studynotesunisa.co.za
, CRW2601 Revision pack
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.
In the set of facts, the fifteen year old girl who was detained to a
rehabilitation centre and escaped, by escaping (conduct) the
girls conduct does not constitutes a crime in the sense that this
kind of conduct is not recognised by the as a crime its contrary
to the morals of the society In M the court stated that if there is
a need to make which in immoral to society punishable, it is the
duty of the legislature to declare such conduct punishable. In a
nutshell, the girls conduct is not declared by the legislation as
a crime so she did not commit any crime.
c) In June 2015, X is charged with drunken driving, a crime which
he had allegedly committed in September 2014. Assume that, at
that time (in 2014), legislation provided that a first offender could
not be sent to prison for a conviction of drunken driving.
However, in February 2015 the legislature amended the
legislation, giving the courts discretion to send a first offender
convicted of drunken driving to prison for a period not exceeding
six months. X, a first offender, is convicted of the crime of
drunken driving. The court, relying on the new legislation,
sentences him to a period of three months’ imprisonment.
Discuss whether the punishment imposed by the court may be
challenged on the ground that it violates the principle of legality.
The punishment of imprisonment imposed on X may be
challenged on the grounds that it violates the ius praevium rule.
In the context of punishment, this principle means that a more
severe punishment may not be imposed on a person than the
www.studynotesunisa.co.za
, CRW2601 Revision pack
punishment that could be imposed at the time of the
commission of the offence.
In terms of section 35(3)(n) of the Constitution , punishment
which is increased after the commission of a crime, may not
be imposed to the detriment of an accused.
Consequently, the sentence imposed by the court violates the
ius praevium rule thus X cannot be sentenced to three months
imprisonment.
(b) Briefly explain what is meant by the term “automatism” and
give two examples. (4)
Automatism is where a person behaves in a mechanical fashion
that’s is the person muscular movements are reminiscent of the
mechanical behaviour of an automaton which amount to
involuntary movement /conduct. Examples are an epileptic fit and
somnambulism.
Discuss the defence of automatism. Your answer must include
(i) examples from the case law of cases in which this defence succeeded;
Answer
(a) AUTOMATISM -
A person acts in a state of automatism if he acts in a mechanical fashion.
Examples of such instances are reflex movements such as heart palpitations
or a sneezing fit and A person who acts in a state of automatism does not act
voluntarily. (i) Dlamini's case - X killed Y while under influence of the
nightmare. Mkize's case - X killed Y while he was having an epileptic fit.
Du Plessis's case - an experienced driver had a mental “blackout”.
www.studynotesunisa.co.za
