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INTRODUCTION TO LEGAL SCIENCE

IRL114

2013

POWER PACK

SUPPLEMENTARY WORKBOOK

First Edition: 2013

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Dear Students Welcome to SFR 114. The order of importance with regard to study materials for this course is first the UFS Study Guide (SG), then the prescribed cases and then the textbook (Snyman, CR, Criminal Law, 5th edition, 2008, LexisNexis). The purpose of this power pack is to serve as a supplementary workbook i.e. a means of enabling you to apply the knowledge that you have learned from your UFS study material. Please note that this power pack is to supplement your course material; it is by no means a replacement or summary of your course material.

We hope that you enjoy this course and that you come away with a good understanding of the general principles of Criminal Law.

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Learning Plan/Module Pacer

WEEK

DATES MODULE PRESCRIBED

READING LEARNER

PREPARATION IMPORTANT

DATES

6

4 Feb – 8 Feb Lectures

commence on 4th February

Module 1 Introduction Module 2 Legality

(punishment by the state)

SG : 9-19

SG : 20-25

Snyman : 3-9 ; 29-36

Prescribed cases

Snyman : 36-49 Prescribed cases

Notional hours = 6

7 6 Feb – 10 Feb Module 3 Conduct

SG : 26-37

Snyman : 51-63

Prescribed cases

Notional hours = 6

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11 Feb – 15 Feb (Wed, 13th – Fri,

15th orientation = no

lectures)

Module 4 Causation

SG : 38-44

Snyman : 79-94 Prescribed cases

Notional hours = 6

Developmental assignment due

15 Feb 12h00

9 18 Feb – 22 Feb Module 5

Unlawfulness

SG : 45-54

Snyman : 95-123 Prescribed cases

Notional hours = 6

10 25 Feb – 1 March Module 5

Unlawfulness continued

SG : 55-65

Snyman : 123-144 Prescribed cases

Notional hours = 6

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4 March – 8 March

(Fri, 8th = no lectures)

Revision of modules 1 –

5 for test

purposes

SG : 9-54

Test 1 8 March 13h00

Introduction to end of necessity

12 11 March – 15

March Module 6

Accountability SG : 66-79

Snyman : 149-162; 162-181

Prescribed cases

Notional hours = 6

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NOTE: SG refers to UFS Study Guide

WEEK DATES MODULE PRESCRIBED

READING LEARNER

PREPARATION IMPORTANT

DATES

13

18 March – 22 March

(Wed, 22nd = Human Rights

Day)

Module 6 Accountability

continued SG : 80-88

Snyman: 220-234; 234-244

Prescribed cases

Notional hours = 6

14

25 March – 29 March

(Fri, 29th = Good Friday)

Module 7 Fault

SG : 89-99

Snyman: 181-208; 208-220; 245-250; Prescribed cases

Notional hours = 6

15 1 April – 5 April

(Mon, 1st = Family Day)

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8 April – 12 April (Mon, 9th = Family Day

Thurs, 11th = no lectures)

Module 7 Fault continued

SG : 100-109

Snyman: 208-220; 245-250; 152-153 Prescribed cases

Notional hours = 6

17 15 April – 19 April

Completion of Module 7

Revision of modules 1 – 7

for test purposes

SG : 55-109

Test 2 18 April 07h00

Impossibility to end of study

guide

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22 April – 26 April (Thurs, 25th and

Fri, 26th = no lectures)

Revision

Test 3 26 April 07h00

Entire study guide

19 29 April – 3 May (Wed, 1st May = Workers Day)

To be confirmed by VC

20 6 May – 10 May Exam

workshops

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Module 1 Introduction

Learning design 1 In a diagram, show the hierarchy of the superior and lower courts in South Africa as well as their geographic and matter jurisdiction.

Learning design 2 Look up S v Russell 1967 (3) SA 739 N on UFS Blackboard and answer the following questions: (a) In what court was this matter heard ?

(b) Who presided over this matter?

(c) Briefly summarise the facts of this case. (d) Find the salient question which the court had to consider in this matter

(hint: 740H)

(e) Differentiate between an appeal and a review.

(f) What was the outcome of this case?

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Module 2 Legality (punishment by the state)

Learning design 1 In criminal law, the principle of legality is known as the nullum crimen sine lege principle (translation = no crime without law). Draw a mind map showing and explaining the five main principles:

Ius acceptum

Ius praevium

Ius certum

Ius strictum

Nulla poena (See http://www.mindmapinspiration.com/drawing-a-mind-map-from-start-to-finish/ for guidance.)

Learning design 2 In a flow chart show the sequence of requirements or elements for a person to be criminally liable.

Learning design 3

Read the article ‘What role should ubuntu play in court judgments?’2 Class debate: Do you agree or disagree with the author? 3

2 Du Preez, J. (5 November 2012). What role should Ubuntu play in court judgments?

Daily News 4 http://1.1.1.1/bmi/www.south-african-hotels.com/blog/wpcontent/uploads/2012/05/High-Court.jpg

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Module 3 Conduct

Learning design 1 X has a pet chimpanzee, which weighs 90 kilograms. The chimpanzee has appeared in a number of advertisements and television shows. Y, a long time friend of X, is visiting X one day when the chimpanzee suddenly attacks him (Y). The attack leaves Y with severe facial injuries and defensive wounds to his hands. Y is left blind by the attack and has to undergo extensive reconstructive surgery to his face. Some of his fingers have to be amputated. A policeman, who responded to the emergency call placed by X, shoots and kills the chimpanzee in order to prevent further injury to Y. After some months in intensive care, Y dies as a result of his injuries. 4 It transpires that the chimpanzee has attacked a number of people over the past 10 years and had also escaped from X’s home a few times. Should X be charged with culpable homicide? Prepare a written argument and substantiate your answer with relevant case law.

Learning design 2 Complete the following table:

Sane automatism Insane automatism

Meaning of expression

Burden of proof

Outcome of case

4 http://1.1.1.3/bmi/www.scientificamerican.com/media/inline/why-would-a-chimpanzee-at_1.jpg

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Module 4 Causation

Learning design 1

Access UFS Blackboard. Compare the following cases and state whether the respective courts found that there was legal causation present and if so, on what basis:

S v Mokgethi and another 1990 (1) SA 32 (A)

S v Tembani 1999 (1) SACR 192 (W)

S v Daniels 1983 (3) SA 275 (A)

Learning design 2

Refer back to the scenario in Learning Design 1 on page 7. Suppose that Y refused medical treatment – would X’s actions be the factual and legal cause of Y’s death? 5

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Module 5 Unlawfulness

Learning design 1

Refer back to the scenario in Learning Design 1 on page 7. What defence may the policeman raise for killing the chimpanzee?

Learning design 2 X, a student, is driving home late one night. He sees that a car with four occupants has been following him for some time. Fearing that he may become the victim of a hijacking once he stops at his gate, he phones his father, Y, and asks him to make sure that he has his gun ready in case the hijacking goes down. Y sits in wait in the dark on the veranda. He hears his son’s car stop at the gate. He then sees a figure jump over the wall. Believing this to be one of the ‘criminals’, Y fires two shots. He runs over to the person who is now lying on the ground and sees that he has shot and killed his own son. It turns out that the vehicle which was following his son was an unmarked police car. The plainclothes policemen inside the car had thought they were following a suspected stolen vehicle. Did Y act unlawfully? Consider the relevant ground(s) of justification in coming to your conclusion. 6

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Criminal accountability / capacity

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Learning design 1 Read the article below: 8

Class discussion: What defence(s) is the accused raising in this matter?

7 http://1.1.1.5/bmi/rlv.zcache.ca/crime_scene_body_outline_cop_1_to_protect_mug-p168550842459892065en711_216.jpg 8 SAPA-AP. (21 September 2010). Caffeine made me do it, argues murder accused. The Mercury

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Learning design 2

X has just completed matric. He goes to a Rage Festival at Ballito and spends the night drinking shooters with his friends. Despite being barely able to walk properly, X gets into his car and drives home. On his way home, he skips a red robot at an intersection and crashes into the side of another car. Y, the driver of the other car, sustains serious injuries. X is charged with assault, alternatively, contravening Section 1 of Act 1 of 1988. X approaches you for legal advice. What defence will you use to ensure that X is acquitted on both charges? Submit a written argument with reference to case law. (Note: your answer should be more or less one page) 9

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Module 7 Fault

Learning design 1 Tabulate the different forms of intention, giving examples of each so as to better understand the concepts.

Learning design 2 X owns a game farm in Mpumalanga. He has had a number of white rhinos slaughtered by poachers. He receives information from an informant that another five rhinos are being targeted for their horns and that this incident is due to take place the following night. He decides to lie in wait with some of his game rangers and see if he can catch the poachers red-handed. He sends two trackers out to see if they can pick up the tracks of any poachers. 10 After waiting for hours in the bush, X hears voices and sees several men stealthily approaching the area where the rhinos are grazing. He yells at the men to stand still and identify themselves. Suddenly, one of the men points a gun at X and fires. X immediately shoots back but the bullet ricochets off a nearby tree and strikes one of the game rangers, killing him instantly. The poachers manage to run off into the dark night. Class discussion: Do the above facts amount to a mistake (error in objecto) or a factual situation known as aberratio ictus?

10 http://1.1.1.2/bmi/www.rhinoconservation.org/wp-content/uploads/2012/03/not-again-rhino.jpg