Question 1
Name the four general requirements of criminal liability
Act or conduct
Compliance with the definitional elements of a crime
Unlawfulness
Culpability
Define the principle of legality.
An accused may (1) not be convicted of a crime – (a) unless the
type of conduct with which she...
Introduction to Criminal Law (University of South Africa)
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1
Question 1
Name the four general requirements of criminal liability
Act or conduct
Compliance with the definitional elements of a crime
Unlawfulness
Culpability
Define the principle of legality.
An accused may (1) not be convicted of a crime – (a) unless the
type of conduct with which she is charged has been recognised by
the law as a crime (b) in clear terms (c) before the conduct took
place
(d) without it being necessary to interpret the words in the
definition of the crime broadly in order to cover the accused’s
conduct; and (2) if convicted, not be sentenced unless the
sentence also complies with the four requirements set out
above
(a) X, a fifteen-year- old girl is a party-animal. She is
also an alcoholic and is placed into a rehabilitation
centre by her parents for a month. Two weeks after
being placed in rehabilitation, X escapes from the
centre. Is X guilty of a crime? Discuss the ius acceptum
principle with reference to applicable case law. (7)
Ius acceptum implies that a court can only find an accused
guilty of a crime if the kind of act performed by the accused is
recognised by the law as a crime .This explicitly show that a
court cannot create crime in accordance to the ius acceptum
rule. The word ius means law and acceptum means which has
been received. Ius acceptum refers to common law and
statutory law. In M it was held by Kotze J that the court do not
possess the
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