Latin Terms
Principles of Legality
• Ius Acceptum
Cannot be convicted for something that is not a crime
• Ius Praevium
Cannot be convicted for conduct that was not specified as a crime at the time of
doing.
• Ius Certum
Law must be certain, not ambiguous.
• Ius Strictum
Law must be interpreted striclty
• Nulla Poena Sine Lege • Point of
No punishment without law Departure of
• Nulla Crimen Sine Lege Principles of
Legality
No crime without law
• The maxim of
(set of rules)
• Principles Limiting limiting state
State Power power.
Conduct:
• Actio in Libera Causa
Antecedent Liability in involuntary conduct (S v Grobler).
• Omissio per Commisionem
Prior Condcut creating legal duty to act positively (R v Miller).
Causation:
• Conditio Sine Qua Non
The “but for” test to establish factual link.
• Novus Actus Intervenius
Abnormal Intervening Event test done to prove legal link.
• Causa Causans
“The Reason Causing”, which tries to establish legal link between accused’s conduct
and consequence through individualisation theories.
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