What is a offence - Study guides, Class notes & Summaries

CRIMINAL LAW – 2601 – GENERAL PRINCIPLES THEORIES OF PUNISHMENT: ABSOLUTE THEORY: (a) Retributive The theory of retribution is purely retrospective and foresees on the crime that was committed in the past. RELATIVE THEORY: (a) Preventative (b) Deterrence (i) General deterrence (ii) Individual deterrence (c) Reformative • The emphasis is on a future purpose, namely; prevention, deterrence and reformative. In order to achieve these aims the punishment imposed need NOT be in pro...

CMY 3701: EXPLANATION OF CRIME Theme 1: Rational Actor Model: Assumptions of the classical school of thought: Human nature:  People are self-interested.  People are rational creatures.  People have free will.  People are able to make and act in accordance with personal choices, and are able to weight up the advantages and disadvantages of competing courses of action.  Prison is seen as a facility that facilitates reform by developing their rational thought processes. C...

SJD1501 STUDY NOTES. Social Dimensions Of Justice. What do we mean when we refer to restorative justice? Unlike retributive justice, that sees the offence committed as an act against the State, restorative justice is based on a concept of justice that regards crime and wrongdoing as an offence against the individual and the community, with less emphasis on the involvement of the State. Restorative justice is an approach to justice that focuses on the needs of both offenders, victims, and the...

SOUTH AFRICAN CRIMINAL LAW SOUTH AFRICAN CRIMINAL LAW is the body of national law relating to crime in South Africa. In the definition of Van der Walt et al, a crime is "conduct which common or statute law prohibits and expressly or impliedly subjects to punishment remissible by the state alone and which the offender cannot avoid by his own act once he has been convicted."[1] Crime involves the infliction of harm against society. The function or object of criminal law is to provide a soc...

CRW2601_ Exam Study Notes. Criminal Liability General For a person to be convicted, the following requirements must be satisfied: 1. Their conduct must be recognised in our law as a crime a. Principle of Legality b. Not regarded as an element of a crime The 4 elements of criminal liability 1. Act or conduct 2. Compliance with the definitional elements of the crime 3. Unlawfulness 4. Culpability Act or Conduct (By conduct we mean and act or omission) Was there conduct on the part of ...

CRM_1300___Notes Crime Definition: - Any form of human behaviour that is designated by law as criminal and subject to penal sanction A Composite Definition of Crime: - “Crime is a violation of societal rules of behaviour as interpreted by a legal criminal code created by people holding social and political power. Individuals who violate these laws are subject to sanctions by statue authority, social stigma, and loss of status” What Is a Crime? - This approach implies that ...

The document applies to all student doing law despite your year of study. it highlights the ingredients that lead to defamation, defines defamation and what is also known as character assignation. The offence of injuring a person’s character, fame or reputation by false and malicious statements comprehensive of both libel and slander. The law on defamation is one that creates a delicate between an individual’s right to protect their reputation and the right to freedom of expression, which...