Crimes against reputation + dignity

Question 1

What is crimen injuria?

Answer 1

The unlawful and intentional, serious violation of the dignity or privacy of another person.

Question 2

What did the Holiday case state regarding the crime of crimen injuria?

Answer 2

• The complainant resided in an apartment that had a skylike window in the roof, and the accused climbed to the top of the roof and he was peeping through this window at the complainant and one of the other residents saw this and informed the complainant.
  -At the time in which this happened, the complainant was not aware of the infringement or this action, and he was charged with crimen injuria and found guilty.

-The court held that it is not a requirement for the complainant to be aware that it is happening, as she would have felt humiliated at the time had she known or been aware of it, also this why she chose to lay charges.

Question 3

What did the Momberg case state regarding crimen injuria?

Answer 3

• Ms Momberg was a victim of a smash and grab and at some point there were police officials (of a different race) within her vicinity and she insulted them very badly and this amounted to hate speech.
• Then later in the evening, she saw other police officer whom she insulted with the same words
• She was then charged with crimen inuria and was found guilty of infringing their dignity.
• The court held that the dignity of each person is a fundamental right for everyone and the words she used infringed on this right

Question 4

What is the relationship between awareness and crimen injuria according to the Pillay case?

Answer 4

• The complainant (Indian lady) received phone calls from the accused and he spoke to her in Zulu over the phone calls, and she did not understand what he was saying to her over the phone.
• At some point, she decided to record the phone call and got the call translated. When translated, she found that the things he was saying were crude in nature, and were of a sexual nature and she was humiliated by it.
• > The accused was charged with crimen injuria and found guilty.I
• =It is not a requirement that the complainant understand what is being said immediately, it is sufficient for the complainant to understand what was being said at a later stage, and it becomes apparent that was said was insulting in nature, the crime will be considered to be committed. **

Question 5

Is attempted crimen injuria possible?

Answer 5

-It is also possible to attempt crimen injuria.

Question 6

What did the M case state regarding impairment?

Answer 6

Dealt with a scenario of flashing. The accused had the habit of flashing his genitals to the females. On a particular day, he exposed himself to the females and he was charged with crimen injuria and he was found guilty.

Question 7

What is the test for crimen injuria?

Answer 7

The test for crimen injuria is a subjective test, and cannot be tested against a reasonable person, as people find different things to be offensive or humiliating.