CAPACITY Flashcards
What is criminal capacity?
The ability to appreciate the wrongfulness of your conduct and the capacity to act in accordance with this appreciation, the capacity/ability to act differently.
What does criminal capacity consist of?
- Cognitive inquiry
- Conative inquiry
What is the cognitive inquiry?
Whether the accused had the capacity to form mens rea (fault)
What is the conative inquiry?
Whether the accused had the capacity to control irrational acts or act voluntarily .
Which legislative provision deals with criminal capacity?
Section 78(1).
What are the defences excluding criminal capacity?
- Youth
- Pathological incapacity
- Non-pathological incapacity
- Domestic violence
- Intoxication
What is the position regarding criminal capacity wrt youth in SA?
- Under 10= irrebuttable presumption (Section 7 of Child Justice Act).
- Between 10 and 14= rebuttable presumption
- Over 14= no presumption, tried as an adult.
What kind of test is the test for capacity?
Subjective, must take into account: age, knowledge, experience, judgement of the child and the specific circumstances facing the child at the time of commission of the prohibited act.
What is pathological incapacity?
Mental disease or defect may deprive persons of the capacity to appreciate the wrongfulness of their conduct.= or the capacity to control their conduct.
What does section 77 of the CPA deal with?
Capacity of accused to understand proceedings.
What does section 78 of the CPA deal with?
Mental illness or intellectual disability and criminal responsibility.
Which section of the CPA deals with the test for pathological incapacity?
Section 78(1).
What is the test for pathological incapacity?
Whether an accused at the time of the offence suffered from a mental illness or defect that deprived them of capacity for insight or self-control
What is triability?
The mental state of the accused at the time that they stand trial.
What is responsibility?
The mental state of the accused at the time they committed the crime.
