South African Common Law Crimes Practice Flashcards

Flashcards covering the essential definitions, case law, and legal principles of common law crimes including Public Violence, Murder, Theft, Fraud, and Trespassing.

How is 'Public Violence' defined in common law?

The unlawful, intentional commission, together with a number of people, of an act or acts which constitute a serious breach of the public order or peace and tranquillity.

According to Cele v S 1958 1 SA 144 (N), what are the two requirements for public violence beyond just a protest?

It must be punctuated with actual or serious threats of violence and must be committed by more than one person.

What constitutes 'Contempt of Court' in common law?

Unlawfully and intentionally violating the dignity, reputation, or authority of a judicial officer in their judicial capacity, or publishing information concerning a pending judicial proceeding that may improperly influence the outcome or prejudice the administration of justice.

Distinguish between contempt 'in facie curiae' and 'ex facie curiae'.

In facie curiae refers to conduct in the presence of the presiding officer (open court), whereas ex facie curiae occurs not in the presence of the presiding officer.

What form of intention is sufficient for a conviction of contempt of court according to S v Nel 1991 (1) SA 730 (A)?

$$dolus eventualis$$

What is the difference between 'defeating' and 'obstructing' the course of justice?

To be convicted of defeating, it must be proven beyond a reasonable doubt that justice has actually been defeated; for obstructing, the State must only prove that the course of justice was subverted or merely obstructed.

How is 'Perjury' defined?

The unlawful and intentional making of a false statement in the course of judicial proceedings, by a person who has taken the prescribed oath or made an affirmation before a person competent to administer it.

In the context of perjury, can a false statement made on oath to the police to lay a false criminal charge qualify for the charge?

No, according to R v Beukman 1950 SA 261 (O), a statement made on oath to the police in which a false criminal charge is laid will not qualify for a charge of perjury.

What is the definition of 'Murder'?

The unlawful and intentional causing of the death of another human being.

Contrast 'dolus directus' and 'dolus eventualis' as explained in DPP, Gauteng v Pistorius [2015] ZASCA 204.

Dolus directus occurs when a person acts with the object and purpose of killing; dolus eventualis occurs when a perpetrator foresees the risk of death occurring but continues to act, reconciling themselves with that possibility.

What is the definition of 'Culpable Homicide'?

The unlawful, negligent causing of the death of another human being.

Why is it legally impossible to attempt to commit Culpable Homicide?

Because intention is a requirement for an attempt, and a person cannot intend to be negligent.

What are the two ways 'Assault' can be committed?

1) The unlawful and intentional impairment of another person’s bodily integrity directly or indirectly; 2) The unlawful and intentional inspiration of a belief in another person that such impairment will take place immediately.

Is actual injury necessary for a conviction of 'Assault with the intent to do Grievous Bodily Harm'?

No, whether the accused actually causes grievous bodily harm is irrelevant; liability is determined by the intention, as seen in S v Dube 1991 (2) SACR 419 (ZS).

What is 'Crimen Iniuria'?

The unlawful and intentional serious violation of another person’s dignity or privacy.

What tests are used to determine violations of dignity versus violations of privacy in Crimen Iniuria?

A subjective test is used for dignity (victim must be aware and feel degraded), while an objective test is used for privacy (conduct must offend the feelings of a reasonable person).

What is the definition of 'Criminal Defamation'?

The unlawful and intentional publication of a matter concerning another which tends to injure their reputation.

Can a parent be convicted of kidnapping their own child according to S v Hoffman 1983 (4) SA 564 (T)?

No, a parent cannot commit the crime in respect of their own child, though they may be charged with contempt of court if they act contrary to a parenting plan that is a court order.

Define 'Theft' in South African law.

The unlawful and intentional appropriation of another person’s corporeal or incorporeal property with the intention to permanently deprive that person of their property.

What principle regarding electricity and theft was held in S v Ndebele 2012(1) SACR 245 (GSJ)?

The court held that electricity is a corporal object for the purposes of law and can be stolen.

Does the state have to prove who the owner is for a conviction of theft?

No, Section 84(2) of the Criminal Procedure Act 1977 allows the prosecutor to allege the owner is 'unknown'; the State must only prove the property is not res nullius.

What are the requirements for an offence under Section 36 of the General Law Amendment Act 62/1955?

A person must be found in possession of goods (other than stock/produce), there must be a reasonable suspicion the goods are stolen, and the person must be unable to give a satisfactory account for the possession.

How is 'Robbery' defined and why is it referred to as 'Theft by Violence'?

Robbery is the unlawful and intentional taking of another's property using violence or threats. It is called 'Theft by Violence' because it combines the elements of assault and theft.

Does handbag-snatching amount to robbery according to S v Sithole 1981 (1) SA 1186 (N)?

Yes, if the culprit intentionally uses force to overcome the hold/resistance the victim has on the bag.

Define 'Fraud'.

The unlawful and intentional making of a misrepresentation which causes actual prejudice or potential prejudice to another person.

In fraud, what is meant by 'potential prejudice' according to Mngqibisa v S (2007) SCA 119 (RSA)?

A reasonable prospect of prejudice being suffered, which must not be a remote or fanciful prospect.

What is the difference between 'Forgery' and 'Uttering'?

Forgery is the unlawful and intentional making of a false document (falsifying the document itself); Uttering is the unlawful and intentional passing off of a false document.

What is the definition of 'Malicious Injury to Property'?

The unlawful and intentional damaging of another person’s property, or property in which another has a substantial interest.

How is 'Arson' defined, and how does it differ from Malicious Injury to Property?

Arson is the unlawful and intentional setting of fire to immovable property to injure or defraud; if the property is movable, it is charged as Malicious Injury to Property.

What is the definition of 'Housebreaking with the intent to commit a crime'?

The unlawful and intentional breaking into and entering a building or structure with the intention to commit a crime inside.

What constitutes 'Entry' in the context of Housebreaking?

Entry is complete the moment the accused has inserted any part of his body or any instrument into the property or structure.

Upon what conduct is 'Trespassing' based according to the Trespass Act 6 of 1959?

The unlawful and intentional entering of another person's land or building, or being upon such property, without the permission of the owner or lawful occupier.