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CRW2601-CRIMINAL LAW
STUDY PACK
Abstract
EXAM PREPARATION / TUTORIAL CLASSES / EXAM PACKs Contact: 0784683517
, 1
JOSEPH
0784683517
Answering Problem-Type Questions:
The purpose of asking problem-type questions in this module is to test your understanding of the general
principles of criminal liability; primarily (but not exclusively) the four elements of criminal liability: the act,
compliance with definitional elements, unlawfulness and culpability (See SG 1.5). You must be able to, firstly,
identify the element that is called into question in the factual scenario. This requires knowledge and
understanding of the definitions of concepts such as the requirement of a voluntary act (SG 3.3.4.1) or
dolus eventualis (SG 9.4.3), which are provided in grey blocks. You have also been provided with a
sequence of investigation into the presence of the elements (SG 1.5.3) to enable you to identify the
element correctly and speedily, and to focus on discussing the legal principles that are relevant to the
question.
The second step in answering a problem-type question is to discuss the legal principles that are relevant to
providing the answer to the problem. Most of the legal principles discussed in this module come from court
decisions (case law). You must therefore refer to a decided case(s) whenever a legal principle is stated.
You are reminded that even if you fail to remember the name of a case, you can simply state: “It has been
decided” or “According to a decision”, when stating the principle. Please note, however, that the discussion of
an incorrect principle will not be credited, irrespective of whether the case reference (name) is appropriate. In
other words, referring to the correct case name will not award you a mark if it is done to support an
inappropriate legal principle.
The third step in answering a problem-type question is to apply the relevant legal principles to the facts of
the problem. Students often combine the second and third steps when answering problem-type questions. In
other words, they discuss the principle(s) while applying it (them) to the facts. Doing this is not wrong, but the
chances of omitting a relevant principle (if there is more than one) are greater when adopting this approach.
To minimise this possibility, we would advise you to separate the second and third step. Another advantage
of discussing the legal principle(s) before applying it (them) to the facts is that you can more easily identify
the relevant facts at the stage of discussing the principle(s). This will enable you to address as many relevant
facts as possible and prepare you for a more in-depth analysis at the stage of application.
"If a law degree is so hard to get, how come there are so many lawyers?"- Joseph
, 2
The final step in answering a problem-type question is to provide a conclusion to the problem. Please
ensure that you have addressed the question(s) that has (have) been asked. If, for example, the
question requires you to determine the criminal liability of X on a charge of murder, then your
conclusion should state either “X is criminally liable of murder”, or “X is not criminally liable on a charge
of murder”. If the question requires you to determine whether X caused Y’s death, then your conclusion
should state either “X caused Y’s death”, or “X did not cause Y’s death”, etc. Please also note that in
order for your conclusion to have any basis it must be a deduction of your reasoning.
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 power to create crimes upon
the ground that in our view the conduct in clearly contrary to good morals and our courts are
"If a law degree is so hard to get, how come there are so many lawyers?"- Joseph
CRW2601-CRIMINAL LAW
STUDY PACK
Abstract
EXAM PREPARATION / TUTORIAL CLASSES / EXAM PACKs Contact: 0784683517
, 1
JOSEPH
0784683517
Answering Problem-Type Questions:
The purpose of asking problem-type questions in this module is to test your understanding of the general
principles of criminal liability; primarily (but not exclusively) the four elements of criminal liability: the act,
compliance with definitional elements, unlawfulness and culpability (See SG 1.5). You must be able to, firstly,
identify the element that is called into question in the factual scenario. This requires knowledge and
understanding of the definitions of concepts such as the requirement of a voluntary act (SG 3.3.4.1) or
dolus eventualis (SG 9.4.3), which are provided in grey blocks. You have also been provided with a
sequence of investigation into the presence of the elements (SG 1.5.3) to enable you to identify the
element correctly and speedily, and to focus on discussing the legal principles that are relevant to the
question.
The second step in answering a problem-type question is to discuss the legal principles that are relevant to
providing the answer to the problem. Most of the legal principles discussed in this module come from court
decisions (case law). You must therefore refer to a decided case(s) whenever a legal principle is stated.
You are reminded that even if you fail to remember the name of a case, you can simply state: “It has been
decided” or “According to a decision”, when stating the principle. Please note, however, that the discussion of
an incorrect principle will not be credited, irrespective of whether the case reference (name) is appropriate. In
other words, referring to the correct case name will not award you a mark if it is done to support an
inappropriate legal principle.
The third step in answering a problem-type question is to apply the relevant legal principles to the facts of
the problem. Students often combine the second and third steps when answering problem-type questions. In
other words, they discuss the principle(s) while applying it (them) to the facts. Doing this is not wrong, but the
chances of omitting a relevant principle (if there is more than one) are greater when adopting this approach.
To minimise this possibility, we would advise you to separate the second and third step. Another advantage
of discussing the legal principle(s) before applying it (them) to the facts is that you can more easily identify
the relevant facts at the stage of discussing the principle(s). This will enable you to address as many relevant
facts as possible and prepare you for a more in-depth analysis at the stage of application.
"If a law degree is so hard to get, how come there are so many lawyers?"- Joseph
, 2
The final step in answering a problem-type question is to provide a conclusion to the problem. Please
ensure that you have addressed the question(s) that has (have) been asked. If, for example, the
question requires you to determine the criminal liability of X on a charge of murder, then your
conclusion should state either “X is criminally liable of murder”, or “X is not criminally liable on a charge
of murder”. If the question requires you to determine whether X caused Y’s death, then your conclusion
should state either “X caused Y’s death”, or “X did not cause Y’s death”, etc. Please also note that in
order for your conclusion to have any basis it must be a deduction of your reasoning.
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 power to create crimes upon
the ground that in our view the conduct in clearly contrary to good morals and our courts are
"If a law degree is so hard to get, how come there are so many lawyers?"- Joseph
