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CRL 202 Criminal Conduct Notes

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Detailed and comprehensive note on Criminal Conduct for CRL 202. *Essential!! *At a price that's fair enough!!

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  • August 25, 2024
  • 3
  • 2021/2022
  • Class notes
  • Prof. albertus
  • All classes
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TOPIC 2: CRIMINAL CONDUCT

A. B 1994 (2) SACR 237 (E) [Protective relationship]
PARENT-CHILD RELATIONSHIP
 X was a woman, Y was X’s boyfriend and was E was X’s son
 X and E stayed with Y
 Y abused E over time and X was aware of it and did nothing
 E died
 X and Y were found guilty
 X had a legal duty to protect E because of the parent-child relationship and
because she was aware of it.

B. BEYERS 1968 (3) SA 70 (A) [Court Order]

 X arranged with a trade union
 X gained an interdict, issued by civil court
 Could not be charged

C. CARMICHELE V MINISTER OF SAFETY AND SECURITY 2001 (4) SA 938
(C) [Ex lege duty]

 Ito the development of human rights
 Carmichele was assaulted, claimed damages for injuries sufffered. Claim was that
police failed to protect her
 The accused has a history of violent crimes: rape etc.
 HC and SCA rejected claim of assault because there was no duty in common law
from police
 In CC, accepted that there was no duty.
 But viewed that common law did not correspond to section 39(2) and s173 of the
Constitution.
 CC that both sections forces the common law to be developed and both HC and
SCA had to relook at the claim
 HC found that there was a ex lege duty on the officer and prosecutor but both
failed to do so.
 Claim was then successful.
 Establishes that there is civil liability on the part of the state if they fail to do that.

D. CLASSEN 1979 (4) SA 460 (ZS)

 3 individuals : X was the owner, Y was a teenage girl and X was the passenger. Y
collided with V and he died
 X was charged of culpable homicide allowing Y to drive
 Had a legal duty to guide her while driving
 Held criminal liable ito omission liability

E. EUSTACE 1948 (3) SA 859 (T): [Control of a dangerous object or animal]

 Had a vicious dog that attacked people regularly.
 On one occasion, the dog attacked a 10 year old girl and she died.
 X was held liable because he had a legal duty to control the dog.

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