Discuss unlawfulness Guides d'étude, Notes de cours & Résumés

CRW2601 EXAM PACK 2022. CRW2601 - General Principles Of Criminal Law 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 necessa...

CRW2601 - 9. CULPABILITY EXAM 2024 WITH 100% CORRECT ANSWERS What is Culpability? - correct answer Mens rea = fault. The mere fact that a person has committed an unlawful act which complies with the definitional elements and which is unlawful is not yet sufficient to render him criminally liable: X's conduct must be accompanied by culpability. Will be the case if he has committed the unlawful act in a blameworthy state of mind. Unlawfulness v Culpability: Unlawfulness: Agnostic to pers...

LCR4803 PORTFOLIO MEMO - MAY/JUNE 2024 - SEMESTER 1 - UNISA - DUE DATE :- 15 MAY 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!) QUESTION 1 1.1 Write concise notes on any SIX (6) of the following: (a) Access to the children’s court case records in terms of the Promotion of Access to Information Act 2 of 2000. (5) (b) The definition of a newspaper as defined by our courts. (5) (c) The meaning of the term “requester” as used in the Promotion of Acces...

Discuss Unlawfulness. Correct Answer Conduct is unlawful if it conflicts with the boni mores or legal convictions of society. In order to determine whether conduct is unlawful, one must therefore enquire whether the conduct concerned conflicts with the boni mores or legal convictions of society. The grounds of justification must be seen as practical aids in the determination of unlawfulness. Satisfying the definitional elements is not the only general requirement for liability: next step is to ...

LCR4803 PORTFOLIO MEMO - MAY/JUNE 2024 - SEMESTER 1 - UNISA - DUE DATE :- 15 MAY 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!) QUESTION 1 1.1 Write concise notes on any SIX (6) of the following: (a) Access to the children’s court case records in terms of the Promotion of Access to Information Act 2 of 2000. (5) (b) The definition of a newspaper as defined by our courts. (5) (c) The meaning of the term “requester” as used in the Promotion of Ac...

What is Culpability? Correct Answer Mens rea = fault. The mere fact that a person has committed an unlawful act which complies with the definitional elements and which is unlawful is not yet sufficient to render him criminally liable: X's conduct must be accompanied by culpability. Will be the case if he has committed the unlawful act in a blameworthy state of mind. Unlawfulness v Culpability: Unlawfulness: Agnostic to personal characteristics of perpetrator. Culpability: Personal characte...

CRW1501 Intro to Criminal Law EXAM. UNIT 1 1. Name the four elements of criminal liability. [4] • Act or conduct (1) • Compliance with the definitional elements of the crime (1) • Unlawfulness (1) • Culpability (1) 2. Name and discuss the points of difference between a crime and a delict (you answer should be in “tabular” format or in the form of a table. [12] The most important points of difference between a crime and a delict can be summarised as follows: Crimes : Delic...

Discuss Negligence (Culpa). Correct Answer Negligence (Culpa) A person's conduct is negligent if it falls short of a certain standard set by the law. This standard is, generally speaking, the caution which a reasonable person would exercise or the foresight which a reasonable person would have in the particular circumstances. In crimes of negligence X is blamed for not knowing, not foreseeing or not doing something, although, according to the standards set by the law, he should have known or...

Discuss Mistake. Correct Answer Mistake nullifies intention. If X was not aware of all the factors of intention (act; existence of all the circumstances set out in the definitional elements; unlawfulness), X could not have committed a crime. The test to determine whether mistake excludes intention is subjective. Mistake need not be reasonable: The question is not whether a reasonable person in X's position would have made a mistake. The test in respect of intention is subjective. No room for ...

PVL3704_ STUDY PACK QUESTION AND ANSWER. Enrichment Liability And Estoppel. What is the appropriate enrichment action that B must institute against the bank (C) according to case law? 1 The condictio sine causa. 2 The condictio indebiti. 3 The condictio causa data causa non secuta. 4 The condictio ob turpem vel iniustam causam. 5 The actio negotiorum gestorum contraria. (2) Question 16 Indicate which one of the following is not a requirement for a valid reliance on estoppel: 1 There mus...