Crimen Iniuria

Question 1

define Crimen Iniuria

Answer 1

unlawfully and intentionally impairing the dignity or privacy of another person

Question 2

what type of crime is crimen iniuria

Answer 2

common law crime

Question 3

what are the elements of Crimen Iniuria

Answer 3

unlawfulness
dignity/privacy
impairment
intent

Question 4

Name factual scenarios in light of Crimen Iniuria

Answer 4

Stalking; insults; humiliation; electronic surveillance; vulgar abuse; indecent exposure

Question 5

what does the impairment element entail

Answer 5

accused’s conduct must impair complainant’s dignity

Question 6

what is the common law test for impairing dignity

Answer 6

according De Langa v Costa:
was the plaintiffs self esteem objectively offended
would a person of ordinary sensibilities regard the conduct as objectively offensive
the impairment must be serious and not trivial impairment
must assess nature of the relationship between parties

Question 7

what does the dignity/privacy aspect entail

Answer 7

it includes rights of personality other than reputation and bodily integrity
dignity and privacy include the right to self-respect, mental tranquility, and privacy
the corollary of such is the right to freedom from insulting, degrading, offensive or humiliating treatment and freedom from invasions of privacy
words/conduct

Question 8

what does the unlawfulness element involve in crimen iniuria

Answer 8

the conduct is unlawful only if it is considered unlawful according to the objective standards of society determined by persons of ordinary sensibilities.
defences may include:
consent
necessity
statutory authority

Question 9

Name the 4 cases under intent in relation to Crimen Iniuria

Answer 9

S v M
S V Steenberg
S v A
Prinsloo v S (SCA)

Question 10

what does the intent element of crimen iniuria entail

Answer 10

requires dolus
X must have known/foreseen that his conduct might unlawfully impair y’s dignity

Question 11

describe what happened in S v M in relation to Crimen Iniuria

Answer 11

there was an appeal of a 6 month sentence imprisonment
3 people were blocking pavement and women asked them to move, then accused swore at her
upheld conviction but removed sentence too harsh

Question 12

describe what happened in S v Steenberg in relation to Crimen Iniuria

Answer 12

appeal against conviction.
The court held that although the defense raised that he lacked the intent to impair the dignity of the complainant, the court held that in the context of a discussion of derogatory terms the appellant had least subjectively foreseen the possibility that the complainant would be insulted by the term, and regardless of that foresight proceeded to insult him
the court must make a value judgment in light of society’s norms

Question 13

describe what happened in S v A in relation to Crimen Iniuria

Answer 13

The complainant and wife separated then found a bugging device in his house placed by his wife.
the court found that the complainant’s privacy was invaded.

Question 14

describe what happened in Prinsloo v S in relation to Crimen Iniuria

Answer 14

An Altercation occurred between the appellant and complainant which led to the appellant being charged and convicted of crime iniuria and assault. a female student had arrived with her mother and sister, and due to the unavailability of empty parking bays. The mother parked in a non-designated spot to offload the daughter’s luggage.

The complainant alleged that the appellant rudely confronted her about where she had parked, reprimanded her, grabbed her on the chest, and threatened to beat her. She also alleged that he had referred to her daughters in racially derogatory terms.

the court confirmed that the trial court was correct in finding that the appellant uttered the words allegedly used, and further that he had intended to and did in fact humiliate, degrade and injure the dignity of the complainants.