Other
CRW2601 assignment1 2022
- Institution
- University Of South Africa (Unisa)
CRW2601 assignment01 2022
[Show more]
Seller
Follow
Content preview
65166957 N Sukdeo CRW2601 684327 Due: 19/08/20221. The argument carries merit- The ius acceptum principle forbids courts from creating
criminal offences. The court may only find someone guilty of a criminal offence if that
offence has already been distinctly outlined as such in law, and if the law also sets out
a criminal punishment for the offence.
The wording of the new statutory provision creates a legal norm, meaning it creates a
legal rule that does not concurrently create a crime. Therefore X’s action does not
strictly constitute a crime and carries no criminal sanction. Though, infringement of a
legal rule may lead to administrative measures being taken.
2. According to S v Mchunu- a crime will best comply with the principles of legality if it
expressly proclaims;
(a) That the particular type of conduct is a crime; and
(b) the punishment a court must impose if it finds a person guilty of such a
crime.
The court held that an enactment, which did not unambiguously create an offence and
prescribed no penalty- did not create an offence (S v Mchunu, [2011]).
Therefore, the court acted wrongly in disclosing X’s action as a criminal offence, as
there is no criminal norm nor a criminal sanction, nor can it be presumed from the
wording (R v Zinn, [1946]). The court would find their decision incomplete as there are no
parameters in which to meter out punishment and since there is no expressed crime.
The court cannot create, or in this case, recreate a crime- it is only the responsibility of
parliament.
References
1. S v Mchunu (511 of 1992) [1994] ZASCA 78
2. R v Zinn 1946 AD 346
3. General principles of criminal law, UNISA, 2021, pg 19-27, accessed on 11
August 2022.
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 EFT, 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 this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller nekitasukdeo. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R50,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
60904 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now