Crw2601 9 culpability - Study guides, Class notes & Summaries

QUESTION 1 (a) Culpability deals with the question whether the conduct of a particular person is against the objective legal convictions of society. (b) If X, who had killed his wife and children, is charged with murder and acquitted on the ground that he had lacked criminal capacity as a result of a mental illness, he may nevertheless be convicted of the lesser crime of culpable homicide. (1) None of the statements are correct. (2) Only statement (a) is correct. (3) Both stateme...

CRW2601 Summary Study Notes. Introductory Topics 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 ther...

2015 MEMO: CRW2601 Question 1 1. CORRECT: The four requirements of criminal liability are the following: conduct (act or omission); compliance with the definitional elements of the offence; unlawfulness and culpability. 2. CORRECT: In terms of the ius acceptum principle a court may only find a person guilty of an offence if the kind of act performed is recognized by the law as a crime. 3. CORRECT: The ius praevium principle requires that a court may only find a person guilty of an offence i...

CRW2601 EXAM PACK. General Principles Of Criminal Law. According to the absolute theory, punishment is an end in itself, while according to the relative theories, punishment is a means to a secondary end. b) The effectiveness of the theory of general deterrence depends only on the severity of the punishment that is imposed on an offender. c) The “triad in Zinn” (the crime, the criminal and interests of society) enables a court to consider all the theories of punishment when imposing...

CRW2601 - General Principles Of Criminal Law EXAM PREP. STUDY UNIT 1 Let’s apply this simple principle to a concrete set of facts: Assume X is charged with having assaulted Y. The evidence relied upon by the prosecution to prove the charge reveals that one night while X was walking in his sleep, he trampled upon Y, who happened to be sleeping on the fl oor. Has X committed assault? FEEDBACK The answer is obviously “no”, on the following grounds: Because X was walking in his sleep, hi...

CRW2601 - General Principles Of Criminal Law_EXAM_PREP. STUDY UNIT 1 Let’s apply this simple principle to a concrete set of facts: Assume X is charged with having assaulted Y. The evidence relied upon by the prosecution to prove the charge reveals that one night while X was walking in his sleep, he trampled upon Y, who happened to be sleeping on the fl oor. Has X committed assault? FEEDBACK The answer is obviously “no”, on the following grounds: Because X was walking in his sleep, h...

CRW2601 EXAM PREP STUDY UNIT 1 Let’s apply this simple principle to a concrete set of facts: Assume X is charged with having assaulted Y. The evidence relied upon by the prosecution to prove the charge reveals that one night while X was walking in his sleep, he trampled upon Y, who happened to be sleeping on the fl oor. Has X committed assault? FEEDBACK The answer is obviously “no”, on the following grounds: Because X was walking in his sleep, his act was not voluntary – in other ...