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crw1501-memorandum-unisa.
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lOMoARcPSD|11763056CRW1501- Memorandum - Unisa
Urban planning and design (University of South Africa)
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CRW1501/201/1/2017
Tutorial Letter 201/1/2017
Introduction to Criminal Law
CRW1501
Semester 1
Department of Criminal and Procedural Law
IMPORTANT INFORMATION:
This tutorial letter contains important information
about your module.
BARCODE
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ASSIGNMENT 1
1.1 In order to determine whether a person is criminally liable, the first question to be asked
is whether the type of conduct allegedly committed by this person is recognised by the
law as a crime. Certain conduct may be wrong from a moral point of view and thus not
forbidden by law. (2)
Even if conduct is forbidden by law it does not necessarily mean that it is a crime – it
could lead to a civil action and damages or it could lead to administrative measures
being taken. (2)
Only when conduct is defined by the law as a crime can there be any question of criminal
liability. This is the root of the principle of legality – i.e. there can be no crime without a
legal provision. (2)
1.2 An act or an omission is only punishable if it is voluntary. (1)
Conduct is voluntary if X is capable of subjecting his bodily movements to his will or
intellect.
If an act cannot be controlled by the will, it is involuntary, such as when a sleep-walker
tramples on somebody, or when an epileptic makes a hand movement during an epileptic
fit and hits someone in the face. (2)
If X‟s conduct is involuntary, it means that X is not the “author” of the act or omission; it
was then not X who committed an act, but rather something which happened to X. (1)
TOTAL: 10 marks
ASSIGNMENT 2
1.1 4 – only statement (c) is correct. (2)
1.2 3 – Only statements (a) and (b) are correct. (2)
1.3 1- Only statement (a) is correct. (2)
1.4 3 – Only statements (a) and (b) are correct. (2)
1.5 1 – Only statement (a) is correct. (2)
TOTAL: 10 marks
SOLUTIONS TO THE SELF-EVALUATION/ SELF-ASSESSMENT ASSIGNMENT
Name and briefly discuss each of the four elements of criminal liability. [8]
Act or conduct: assuming that the law regards the conduct as a crime, the first step in
enquiring whether X is criminally liable is to enquire whether there was conduct on the
part of X. For the purposes of criminal law, conduct can lead to liability only if it is a
voluntary, human act or omission to act. (2)
Compliance with the definitional elements of the crime: the next requirement for criminal
liability is that X's conduct must comply with the definitional elements of the crime in
question. It is the concise definition of the type of conduct and the circumstances in which
that conduct must take place in order to constitute an offence. To put it differently, it must
be conduct which fulfils the definitional elements, or by which these definitional elements
are realised. (2)
2
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