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Criminal Law B > Crimes against public welfare > Flashcards

Crimes against public welfare Flashcards

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1
Q

What is the common law crime against public welfare?

A

Public violence

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2
Q

What are the statutory crimes against public welfare?

A

Drugs and road traffic.

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3
Q

What is public violence?

A

The unlawful and intentional commission by a number of people, acting in concert, of any act(s) assuming serious dimensions that are intended to forcibly disturb the public peace/security or to invade the rights of others.

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4
Q

What are the elements for public violence?

A
  1. An act
  2. By a number of people
  3. Serious proportions
  4. Intention to disturb public peace and order by violent means or infringe the rights of others
  5. Unlawfulness
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5
Q

What is the element of ‘an act’? in the crime of public violence?

A

Acts of actual violence or the threat of it, involves hostility and aggression towards another or their right.

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6
Q

What are examples of ‘an act’ in public violence?

A
  1. Brawl in a restaurant ( S v Le Roux)
  2. Attacking striking workers (S v Whitehead)
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7
Q

What is the element of ‘by a number of people’ for public violence?

A

The number of people must act in concert with a common purpose to forcibly disturb public peace or invade the rights of others.

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8
Q

What is the test for the element of ‘by a number of people’?

A

Character and dimensions of the public violence.

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9
Q

What is the leading case on the element of ‘by a number of people’?

A

S v Le Roux.

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10
Q

What is the element of ‘serious proportions’ for public violence?

A

Violence or intended violence must assume serious or dangerous dimensions

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11
Q

What is the leading case on ‘serious proportions’?

A

S v Le Roux.

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12
Q

What are the relevant factors to the element of ‘serious proportions’ for public violence?

A
  1. Safety of other persons
  2. Number of people involved
  3. Time, locality and duration
  4. Cause of quarrel
  5. Status of participants
  6. Way in which it ended
  7. Whether participants armed
  8. Whether there were actual assaults on people or damage to property
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13
Q

What is the element of intention for public violence?

A
  1. Intention to be part of a group that engages in acts of public violence, or foresee that group would engage in public violence
  2. Individual participant must be aware what group is doing and participate intentionally
  3. Common purpose to forcibly disturb public peace or invade rights of others.
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14
Q

What is the element of unlawfulness in public violence?

A

Elements of violence and interference with the rights of others.

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15
Q

What are the cases for public violence?

A
  1. S v Whitehead
  2. S v Le Roux.
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16
Q

What is the Drugs and Drug Trafficking Act?

A

Legislation that prohibits use or possession of, or dealing in, drugs.

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17
Q

What are drugs?

A

Ito section 1 read with schedule 2, drugs are:
1. Dependence-producing substances
2. Dangerous dependence-producing substances
3. Undesirable dependence-producing substances.

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18
Q

What is section 4 of the Drugs and Drug Trafficking Act?

A

Use and possession of drugs.

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19
Q

What is section 13 of the Drugs and Drug Trafficking Act?

A

Offences relating to scheduled substances and drugs.

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20
Q

What does section 4(a) of the DDTA hold?

A

No person shall use or have in his possession any dependence-producing substance.

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21
Q

What does section 13(c) of the DDTA hold?

A

Any person who contravenes a provision of section 4(a) shall be guilty of an offence.

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22
Q

What does section 4(b) of the DDTA hold?

A

No person shall use or have in his possession any dangerous dependence-producing substance or any undesirable dependence-producing substance unless they are a patient, medical practitioner or a pharmacist.

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23
Q

What does section 13(d) of the DDTA hold?

A

Any person who contravenes a provision of section 4(b) shall be guilty of an offence.

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24
Q

What are the elements of using/possessing prohibited drugs?

A
  1. Use/possession
  2. Prohibited substance
  3. Intent
  4. Unlawfulness
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25
Q

What is the element of use/possession?

A
  1. Use= any means used to experience the effects of the drug
  2. Possess ito:
    - section 1= to keep or store the drug, have it in custody or under control/supervision
    -extended meaning= physical control or supervision for the benefit of someone else.
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26
Q

What is the leading case for the element of use/possession?

A

S v Quinta.

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27
Q

What is the element of ‘prohibited substance’?

A

Schedule 2: must be classified as
1. Dependence-producing substance
2. Dangerous dependence-producing substance
3. Undesirable dependence-producing substance

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28
Q

What are the defences that exclude unlawfulness for use/possession of drugs?

A
  1. Section 4(b)(i)-(vi)
    - patient
    - medical practitioner
    -pharmacist
    -state authority
    -employee of pharmacist or medical practitioner
  2. Same ito Prince irt to cannabis.
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29
Q

What does section 5(a) of the DDTA hold?

A

No person shall deal in any dependence-producing substance.

30
Q

What does section 5(b) of the DDTA hold?

A

No person shall deal in any dangerous dependence-producing substance or any undesirable dependence-producing substance.

31
Q

What does section 13(e) of the DDTA hold?

A

Any person who contravenes section 5(a) shall be guilty of an offence.

32
Q

What does section 13(f) of the DDTA hold?

A

Any person who contravenes section 5(b) shall be guilty of an offence.

33
Q

What are the elements of dealing in drugs?

A
  1. Dealing
  2. Prohibited substance
  3. Intent
  4. Unlawfulness
34
Q

What is the element of dealing?

A
  1. Ito section 1, ‘deal in’ is performing any act in connection with the transshipment, importation, cultivation, sale etc of the drug.
  2. Same ito Prince irt cannabis.
35
Q

How to prove dealing?

A
  1. Quantity may lead to inference that dealing took place
  2. Manufacturing ito s1= preparing/ producing substance
  3. Sale ito s1= advertise, offer substance for consideration or exchange.
36
Q

What is the leading case on dealing?

A

S v Mbatha.

37
Q

What is the element of intent for dealing?

A

State would need to prove:
1. That accused knew the drug is prohibited
2. That it is unlawful to deal in that drug.

38
Q

What case deals with the requirement of intent for dealing in relation to drug mules/couriers?

A

S v Keyser.

39
Q

What is the provision providing exclusions for dealing?

A

Section 5(b)(i)-(iv).

40
Q

What are the crimes for drugs?

A
  1. Use and possession
  2. Dealing
41
Q

What does the National Road Traffic Act do?

A

It regulates and controls traffic of vehicles and persons on public roads in interests of safety.

42
Q

What are the road traffic offences?

A
  1. Driving under the influence of alcohol or drugs
  2. Driving with excessive alcohol in the blood/breath
  3. Reckless/negligent driving
  4. Speeding
42
Q

What are the elements for driving under the influence of alcohol/drugs?

A
  1. Driving
  2. Vehicle
  3. Public road
  4. Under the influence
  5. Fault
42
Q

What does section 65(1) of the National Road Traffic Act hold?

A

It is an offence to drive a vehicle on a public road, or to occupy the driver’s seat while engine is running, while under the influence of intoxicating liquor or a drug.

43
Q

What is driving?

A

Driving is a voluntary act act which includes occupying driver’s seat while engine is running

44
Q
A
45
Q

What is the element of ‘driving under the influence’?

A

Skill and judgment normally required in driving a vehicle is diminished or impaired as a result of consumption of alcohol or drugs.

45
Q

What is a public road?

A

Ito section 1, any road, street or thoroughfare or any other place which is commonly used by the public or any section thereof or to which the public/any section thereof has a right of access.

45
Q

What is a vehicle?

A

In terms of section 1, it is any self-propelled car and includes a motor cycle, motor tricycle, motor quadruple and a tractor

46
Q

What form of fault is required for driving under the influence?

A
  1. Dolus- accused knowlingly took drugs/alcohol foreseeing that he would drive a vehicle under the influence
  2. Culpa- accused negligently failed to foresee that he would drive a vehicle under the influence.
47
Q

What does section 65(2) of the NRTA hold?

A

It is an offence to drive a vehicle on a public road, or to
occupy the driver’s seat while engine is running, while the
concentration of alcohol in the blood is more than 0.049g per 100ml of blood (i.e. limit is 0.05)

47
Q

What is the leading case for fault in driving under the influence?

A

S v Hartyani.

48
Q

What does section 65(5) of the NRTA hold?

A

It is an offence to drive a vehicle on a public road, or to
occupy the driver’s seat while engine is running, while the
concentration of alcohol in the breath is more than 0.24mg per 1000ml (i.e. limit is 0.25)

49
Q

What does section 65(9) of the NRTA hold?

A

Cannot refuse to give a specimen of blood or breath.

50
Q

What are the elements for driving with excessive alcohol in the blood or breath?

A
  1. Driving
  2. Vehicle
  3. Public road
  4. Blood/breath alcohol level
  5. Fault
51
Q

What is the element of blood alcohol level?

A
  1. State must prove alcohol blood level of 0.05g per 100ml or more (Proved by chemical analysis of blood)
  2. State must prove alcohol breath level of 0.25mg per 1000ml or more (by leading evidence that breathalyser correctly calibrated)
  3. Ito section 65(3), blood must be taken within 2 hours of offence.
52
Q

What are the cases of blood alcohol level?

A
  1. S v Tentelil
  2. DPP v Klue.
53
Q

What is the element of reckless/negligent driving?

A

Ito section 63(1), no person shall drive a vehicle on a public road recklessly or negligently.

54
Q

What are the elements of negligent driving?

A
  1. Negligent
  2. Driving
  3. Vehicle
  4. Public road
55
Q

What is the element of negligence?

A

Whether a reasonable person, in the same
circumstances, would have foreseen that driving constituted a risk of harm to other persons using the road and would have guarded against that risk by desisting from driving in that manner or taking other appropriate avoiding action

56
Q

What case speaks about the reasonable person?

A

S v Burger.

57
Q

What does S v Burger say?

A

Reasonable person has moderation and common sense, it is not a person with Solomonic wisdom, prophetic foresight, chameleonic caution etc.

58
Q

What is the element of driving?

A

Must be a voluntary act.

59
Q

What are the elements of reckless driving?

A
  1. Reckless
  2. Driving
  3. Vehicle
  4. Public road
60
Q

What is the element of reckless?

A
  1. Where a person drives carelessly, thoughtlessly or
    inconsiderately and creates a risk of harm to others
  2. Ito section 63(2): any person who drives a vehicle in wilful or wanton disregard for the safety of persons or property shall be deemed to drive that vehicle recklessly.
61
Q

What is the leading case on the element of reckless driving?

A

S v Siyaya

62
Q

What is the offence of speeding?

A

Ito section 59(4), any person who drives a vehicle on a public road at a speed in excess of the speed limit commits an offence.

63
Q

What are the elements of speeding?

A
  1. Unlawfulness
  2. Driving
  3. Vehicle
  4. Public road
  5. Speed limit
64
Q

What are the exceptions excluding unlawfulness for the offence of speeding?

A

Ito section 60:
1. Drivers of fire-fighting vehicles or ambulances, traffic
officers and police officers may exceed speed limit in
execution of their duties
2. Above must drive with due regard to safety of other traffic
3. Above must sound a siren and use flashing lights when
driving over the speed limit
4. Necessity

65
Q

What is the element of speed limit?

A
  1. General speed limit in urban area (60km/hour), public road
    other than a freeway outside an urban area (100km/hour)
    freeway (120km/hour)
  2. Special limit determined for a particular road
  3. Speed limit for particular vehicle
66
Q

What is the duty of a driver in an accident?

A

In terms of section 61, when a vehicle is involved in an accident in which a person is killed/injured, or suffers damage to property
−Driver to stop the vehicle and report the accident
−Ascertain nature and extent of injury/damage
−Render assistance to injured persons
−If driver incapable of reporting accident at time, must
report within 24 hours.

67
Q

What is the leading case on the duty of driver in an accident?

A

S v Siyaya.

Criminal Law B (4 decks)

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