Aspirant Prosecutor Programme Study Guide Review

Flashcards covering basic principles of criminal law, common law crimes, statutory offences, the law of evidence, criminal procedure, and sentencing principles based on the Aspirant Prosecutor Programme Study Guide.

What is the principle of legality in South African criminal law?

The law must recognize the act or conduct as a crime in clear terms before the conduct took place, without requiring a broad interpretation of the crime's definition to cover the conduct.

How did the court characterize the accused's conduct in S v Matjane (CC122/2016) [2018] ZAGPPHC 956 regarding sane automatism?

The hallmark of sane automatism is that there be no evidence of premeditation. Because the accused's conduct indicated voluntary goal-directed behaviour, she was held criminally liable and convicted of murder.

What are the seven legal duties recognized in South African law that make an omission punishable?

1. Contractual Duty
2. Act or Statute
3. Control of a Dangerous Object
4. Protective Relationship
5. Incumbent of a Certain Office
6. Previous Positive Act
7. Order of Court

What two requirements must be met to establish causation in materially defined crimes, as confirmed in Daniels v S and S v Tembani?

1. The conduct must be the factual cause of the condition (conditio sine qua non test).
2. The conduct must be the legal cause of the condition.

What three requirements must an attack meet for a person to act in private defence?

1. The attack must be unlawful.
2. The attack must be against interests that ought to be protected by law.
3. The attack must be imminent or already commenced, but not yet completed.

According to S v Mostert 2006 1 SACR 560 (N), what are the three requirements for the defence of superior orders?

1. The order must emanate from a person lawfully placed in authority over the accused.
2. The accused must have been under a duty to obey the given order.
3. The accused must have done no more harm than was necessary to carry out the order.

What are the age presumptions regarding criminal capacity of a child under the amended Child Justice Act 75 of 2008?

It is presumed that a child below $12\text{ years}$ lacks criminal capacity. Children between $12\text{ years}$ and $14\text{ years}$ are presumed to have capacity, but the State is required to prove that capacity was present at the time of the offence.

How does South African criminal law distinguish an accomplice from an accessory after the fact?

An accomplice unlawfully and intentionally furthers or facilitates the commission of a crime by another before it is completed, whereas an accessory after the fact assists the perpetrator or accomplice to escape liability after the crime has been completed.

According to S v Mbuli 2003 (1) SACR 97 (SCA), what two requirements must the State establish to prove joint possession of firearms or explosives?

1. The group had the intention to exercise possession of the items through the actual detentor.
2. The actual detentor had the intention to hold the items on behalf of the group.

What distinguishes contempt of court in facie curiae from ex facie curiae?

In facie curiae refers to conduct that infringes on the court while in the presence of the presiding officer (in open court), whereas ex facie curiae occurs outside the presence of the presiding officer.

What is the key distinction between murder and culpable homicide in South African criminal law?

The form of mens rea required: murder requires intention (dolus), whereas culpable homicide requires negligence (culpa).

Which tests are used to evaluate an infringement of dignity versus a violation of privacy under crimen iniuria?

Infringement of dignity uses a subjective test (the victim must be aware of the offending behaviour and feel degraded or humiliated). Violation of privacy uses an objective test (the conduct must offend the feelings of a reasonable person).

According to Sithole 1981 (1) SA 1186 (N), when does handbag-snatching amount to robbery?

When the culprit intentionally uses force in order to overcome the hold which the victim has on the bag or to prevent/forestall resistance that might be offered to the taking.

What are the essential elements of the crime of fraud?

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

What type of property must be damaged to constitute the crime of arson, as confirmed in Dalindyebo v S (2015)?

Immovable property. Setting fire to movable property amounts to Malicious Injury to Property.

What is the practical distinction between Section 3 and Section 4 of the Firearms Control Act 60 of 2000?

Section 3 prohibits the possession of a firearm that has a serial number without a licence. Section 4 prohibits the possession of a prohibited firearm (such as an automatic firearm or one without a serial number).

What did the Constitutional Court rule in Centre for Child Law v DPP, Johannesburg [2022] regarding children found in possession of cannabis?

Possession and use of cannabis by a child remains illegal, but it is decriminalised so that a child cannot be arrested, prosecuted, or diverted under section 4(b) of the Drugs Act. Instead, the child must be referred to civil processes under the Children's Act 38 of 2005 or Act 70 of 2008.

What constitutes the general offence of corruption by a recipient under Section 3(a) of Act 12 of 2004?

Directly or indirectly accepting, agreeing to accept, or offering to accept any gratification from another person (for oneself or another) in order to act or influence another to act in an unauthorized, biased, dishonest, or improper manner.

What constitutes the offence of tampering with essential infrastructure under Section 3 of the Criminal Matters Amendment Act 18 of 2015?

Unlawfully and intentionally tampering with, damaging, or destroying essential infrastructure (or colluding/assisting therein), knowing or reasonably ought to have known or suspected it to be essential infrastructure.

Under Section 51(2) read with Part III of Schedule 2 of Act 105 of 1997, what minimum sentences apply when assault with intent to do grievous bodily harm is committed in a domestic relationship?

1. First offender: imprisonment for not less than $10\text{ years}$.
2. Second offender: imprisonment for not less than $15\text{ years}$.
3. Third or subsequent offender: imprisonment for not less than $20\text{ years}$.

Under Section 31(2) of the Maintenance Act 99 of 1998, when will a defence of lack of means NOT entitle an accused to an acquittal?

When it is proved that the failure to pay maintenance was due to the accused's unwillingness to work or misconduct.

How is rape defined under Section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007?

Any person who unlawfully and intentionally commits an act of sexual penetration with a complainant without the consent of the complainant.

Under Section 204 of the Criminal Procedure Act 51 of 1977, when is a prosecution witness discharged from prosecution for an incriminating offence?

When the court is satisfied that the witness has answered frankly and honestly all questions put to him or her regarding the specified offence and any competent verdicts.

What powers does a court have under Section 189 of the CPA when a witness refuses to testify or answer questions without a just excuse?

The court may in a summary manner enquire into the refusal or failure and sentence the witness to imprisonment for a period not exceeding $2\text{ years}$ (or up to $5\text{ years}$ for Part III of Schedule 2 offences).

What three statutory exceptions allow hearsay evidence to be admitted under Section 3(1) of the Law of Evidence Amendment Act 45 of 1988?

1. Each party against whom it is adduced consents (Section 3(1)(a)).
2. The declarant himself testifies at the proceedings (Section 3(1)(b)).
3. The court is of the opinion that it should be admitted in the interests of justice (Section 3(1)(c)).

What is the evidentiary status of an affidavit produced under Section 212(4) of the CPA establishing facts requiring specialized skill?

Upon its mere production, it serves as prima facie proof of the facts established therein, provided the deponent is in the service of the State, a provincial administration, a university, or a designated body.

What is the procedural distinction between withdrawing a charge under Section 6(a) and stopping a prosecution under Section 6(b) of the CPA?

Withdrawal under Section 6(a) occurs before the accused pleads and does not result in an acquittal (allowing re-prosecution). Stopping a prosecution under Section 6(b) occurs after the accused pleads, requires DPP authorization, and compels the court to acquit the accused.

What is the general 48-hour rule under Section 50(1)(c) of the CPA regarding an arrested person?

An arrested person who is not released must be brought before a lower court as soon as reasonably possible, but not later than $48\text{ hours}$ after the arrest.

How do Section 112(1)(a) and Section 112(1)(b) of the CPA differ regarding guilty pleas in lower courts?

Section 112(1)(a) applies to minor offences where the court is of the opinion that the offence does not merit direct imprisonment or a fine exceeding the statutory threshold ($R5\,000$), allowing conviction on the plea alone. Section 112(1)(b) requires the court to question the accused to ascertain whether he admits all allegations in the charge.

According to S v Malgas 2001 (1) SACR 469 (SCA), when may a court depart from the prescribed minimum sentences in Act 105 of 1997?

When the court is satisfied that substantial and compelling circumstances exist which render the prescribed sentence unjust or disproportionate to the crime, offender, and needs of society.

What three factors constitute the 'Zinn triad' that a court must consider when determining an appropriate sentence?

1. The personal circumstances of the offender.
2. The nature and gravity of the offence.
3. The interests of society.