-I received 80% for crim studying only from these notes (pm me if you want a screenshot)
- all principles that state the relevant element too
- translated elements for every crime
- well structured practice answers that are colour-coded
- mini summaries of cases
- Conduct: the conduct must be consummated (Nhlovo)
- Unlawfulness: there must be a connection to the crime. Section 18(1) Riotous
Assemblies Act
- Causation: formally defined. Causation only applies to consequence crimes.
Attempt is not a consequence crime (Ngobese)
- Capacity: presumed unless proven otherwise as per Section 78(1A) of the
Criminal Procedure Act
Distribution of this document is illegal
, Kaya Borkowski
- Fault: not specified by Riotous Assemblies Act but there exists a presumption
that fault is an essential element of crime (De Blom). There must be an intention
to commit the crime (not intention to attempt to commit) (Schoombie) or attempt
requires intention (Nhlovo)
Note: for conduct, the test is whether the commencement of consummation
occurred, not just mere preparation (Schoombie)
Principles for Attempt
- Regardless of whether the attempt is complete, it will be punishable if it were a
complete attempt at the point where there the commencement of consummation
has begun(Schoombie on conduct)
- Mere preparation is not punishable (Schoombie on conduct)
- Voluntary withdrawal is still punishable because the accused’s acts had already
reached the stage of consummation (Hlatwayo on conduct)
Relevant cases for attempt
- S v Masilela (strangled and assaulted victim, set house alight and left)
- Nhlovo (asked someone to put poison in someone else’s food)
- Schoombie (attempted arson. Poured petrol around shop to set it alight but was
interrupted)
Conspiracy
- Conduct: an agreement to commit a crime (Ngobese)
- Unlawfulness: agreement to commit a crime (Ngobese) (s 18(2)(a) of the
Riotous Assemblies Act)
- Causation: formally defined so not required (Ngobese; Snyman)
- Capacity: presumed as per s78(1A) CPA
- Fault: intention (Ngobese)
Principles for Conspiracy
- the liability of the accused is established upon overt manifestation of assent to
the conspiracy by the other person (Ngobese on conduct)
- Conspiracy can be tacit (Ngobese on conduct)
- If there is no meeting of the minds, conduct cannot be established (Harris* on
conduct)
Distribution of this document is illegal
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller LawGuru. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $11.73. You're not tied to anything after your purchase.
