ABSTRACT
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[Course title]
PBL 410 -
CRIMINAL LAW -
COMPLETE EXAM
NOTES [Document subtitle]
1
,L 410
CRIMINAL LAW
2
,Introduction To Criminal Law
• Criminal Law = National Law = Public Law
• Criminal Law Forms Part Of Substantive Law
• Material Vs Procedural Criminal Law
o Substantive/Material Criminal Law = Dealing With The Substantive
Rules Of Criminal Law, E.G. What Is A Crime?
▪ Explains Rights And Duties
▪ It Is The Legal Rules Setting Out The Rights And Duties Of Legal Subjects
▪ Material Criminal Law Definition:
• Snyman:
o Legal Rules Setting Out The Rights And Duties Of
Subjects Or For The State
• Burchell:
o (Preferred Definition Because More Comprehensive
And Encompasses All Elements Of A Crime)
▪ That Branch Of National Law That Defines
Certain Forms Of Human Conduct As Crimes
And Provides For The Punishment Of Those
Persons Who Unlawfully And With A Guilty
Mind Commit A Crime
o The Elements Of Criminal Liability Are Seen In
‘Unlawfully And With A Guilty Mind.’
o The Operation And Purpose Is Seen In, ‘Human
Conduct As Crimes And Provide For The Punishment
Of Those Persons Who Commit A Crime.’
o Procedural/Formal Criminal Law = Prescribes How It Is Enforced,
E.G. Requirements For Criminalisation
▪ Aka Criminal Law Of Evidence
▪ Explains Procedure And Proof (What Must Be Proved?, Who Is
The Onus On?)
▪ It Is The Procedures Governing The Enforcement Of Rights And Duties.
• Public Vs Private Law
Private Law Public Law
• Regulates The Legal • Regulates The Legal Relationship
Relationship Between Private Between The State/Public Entities
Individuals. On A Horizontal Application.
• Parties Are On Equal Footing • BUT ALSO, Between The
• Horizontal Application. State/Public Entities As An
Authoritative Power And Legal
Subjects Of The State On A Vertical
Application E.G. Criminal Law.
• State Always A Party
3
, Elements Of Criminal Liability - Legaliteit
1. Act/Omission (Actus Reus)
2. Causation
3. Unlawfulness/Wrongfulness
4. Capacity
5. Fault (Mens Rea)
The Constitution Of The Republic Of South Africa
A. Impact Of The Constitution:
• Specific Rights In The BOR Relevant In The Context Of Criminal Law As
Evident From The Reported Case Law
o S 9: Equality
o S 10: Dignity
o S 11: Life
o S 12: Freedom And Security Of Person
o S 14: Privacy
o S 15: Freedom Of Religion, Belief And Opinion
o S 16: Freedom Of Expression
o S 35: Detained And Arrested Persons
o All These Rights Are To Be Balanced In Terms Of The
Constitutional Construction With Reference To The Limitation
Clause (S 36) And The Interpretation Clause (S 39)
▪ S 36 – Limitation Clause
• Not A Closed List Of Rights
• Rights Are NOT Absolute – Rights Are Qualified
• Derogation Of Some Rights Is Permitted – Meaning
Some Rights May Be Limited
o Non-Derogable – State Of Emergency May NOT
Be Limited
4
[Draw your reader in with an engaging abstract. It is
typically a short summary of the document. When
you’re ready to add your content, just click here and
start typing.]
[Course title]
PBL 410 -
CRIMINAL LAW -
COMPLETE EXAM
NOTES [Document subtitle]
1
,L 410
CRIMINAL LAW
2
,Introduction To Criminal Law
• Criminal Law = National Law = Public Law
• Criminal Law Forms Part Of Substantive Law
• Material Vs Procedural Criminal Law
o Substantive/Material Criminal Law = Dealing With The Substantive
Rules Of Criminal Law, E.G. What Is A Crime?
▪ Explains Rights And Duties
▪ It Is The Legal Rules Setting Out The Rights And Duties Of Legal Subjects
▪ Material Criminal Law Definition:
• Snyman:
o Legal Rules Setting Out The Rights And Duties Of
Subjects Or For The State
• Burchell:
o (Preferred Definition Because More Comprehensive
And Encompasses All Elements Of A Crime)
▪ That Branch Of National Law That Defines
Certain Forms Of Human Conduct As Crimes
And Provides For The Punishment Of Those
Persons Who Unlawfully And With A Guilty
Mind Commit A Crime
o The Elements Of Criminal Liability Are Seen In
‘Unlawfully And With A Guilty Mind.’
o The Operation And Purpose Is Seen In, ‘Human
Conduct As Crimes And Provide For The Punishment
Of Those Persons Who Commit A Crime.’
o Procedural/Formal Criminal Law = Prescribes How It Is Enforced,
E.G. Requirements For Criminalisation
▪ Aka Criminal Law Of Evidence
▪ Explains Procedure And Proof (What Must Be Proved?, Who Is
The Onus On?)
▪ It Is The Procedures Governing The Enforcement Of Rights And Duties.
• Public Vs Private Law
Private Law Public Law
• Regulates The Legal • Regulates The Legal Relationship
Relationship Between Private Between The State/Public Entities
Individuals. On A Horizontal Application.
• Parties Are On Equal Footing • BUT ALSO, Between The
• Horizontal Application. State/Public Entities As An
Authoritative Power And Legal
Subjects Of The State On A Vertical
Application E.G. Criminal Law.
• State Always A Party
3
, Elements Of Criminal Liability - Legaliteit
1. Act/Omission (Actus Reus)
2. Causation
3. Unlawfulness/Wrongfulness
4. Capacity
5. Fault (Mens Rea)
The Constitution Of The Republic Of South Africa
A. Impact Of The Constitution:
• Specific Rights In The BOR Relevant In The Context Of Criminal Law As
Evident From The Reported Case Law
o S 9: Equality
o S 10: Dignity
o S 11: Life
o S 12: Freedom And Security Of Person
o S 14: Privacy
o S 15: Freedom Of Religion, Belief And Opinion
o S 16: Freedom Of Expression
o S 35: Detained And Arrested Persons
o All These Rights Are To Be Balanced In Terms Of The
Constitutional Construction With Reference To The Limitation
Clause (S 36) And The Interpretation Clause (S 39)
▪ S 36 – Limitation Clause
• Not A Closed List Of Rights
• Rights Are NOT Absolute – Rights Are Qualified
• Derogation Of Some Rights Is Permitted – Meaning
Some Rights May Be Limited
o Non-Derogable – State Of Emergency May NOT
Be Limited
4
