Chapter 1 - Introductory topics

Question 1

Name 4 elements of criminal liability

Answer 1

1. Act or conduct
2. Compliance with the definitional elements of crime
3. Unlawfulness
4. Culpability

Question 2

What is an act or conduct?

Answer 2

The word act, as used in criminal law, does not correspond in all respects with the ordinary everyday meaning of this word; more specifically, it should not be treated as a synonym for a muscular contraction or bodily movement. It should rather be treated as a technical term that is wide enough in certain circumstances to include an omission of an act.

Question 3

Explain what is meant by compliance by the definitional elements of crime.

Answer 3

it is a concise definition of the type of conduct and the circumstances in which that conduct must take place in order to constitute an offence. By looking at these definitional elements, we are able to see how one type of crime differs from another. Every particular offence has requirements that other offences do not have.

Question 4

Explain what Unlawfulness means.

Answer 4

Unlawful means contrary to law, but law in this context means not merely the rule contained in the definitional elements, but the totality of the rules of law, and this includes rules that, in certain circumstances, allow people to commit an act that is contrary to the letter of the legal prohibition or norm.

Question 5

Explain what culpability means.

Answer 5

The culpability requirement means that there must be grounds upon which Thabo may personally be blamed for his conduct. Here, the focus shifts from the act to the actor, that is, Thabo himself— his personal abilities and knowledge, or lack thereof.

Question 6

What are the requirements of Culpability?

Answer 6

1. Thabo must have criminal capacity
2. Thabo’s act must be either intentional or negligent.

Question 7

Explain Thabo’s mental abilities for him to have criminal capacity.

Answer 7

1. Thabo’s ability to appreciate the wrongfulness of his act.
2. Thabo’s ability to act in accordance with such appreciation.

Question 8

Briefly summarise the 4 general requirements for a crime in one sentence.

Answer 8

Conduct that complies with the definitional elements of the crime, and that is unlawful and culpable.

Question 9

Explain the sequence of investigation into the presence of elements

Answer 9

An investigation into whether the conduct complied with the definitional elements is necessary only when it is clear that the conduct requirement has been complied with. Again, only if it is clear that the conduct has complied with the definitional elements is it necessary to investigate the question of unlawfulness, and only if the latter requirement has been complied with is it necessary to investigate whether Thabo’s act was also culpable. An inquiry into a later requirement therefore presupposes the existence of the previous requirements.

Question 10

Assume Thabo is charged with having assaulted Lebo. The evidence relied upon by the prosecution to prove the charge reveals that one night while Thabo was walking in his sleep, he trampled upon Lebo, who happened to be sleeping on the floor. Has Thabo committed assault?

Answer 10

The answer is No, on the following grounds:. Because Thabo was walking in his sleep, his act was not voluntary, in other words, while sleepwalking, he was not able to subject his bodily movements to his will or intellect. Because the was no act, he is not guilty of assault.