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CRL 202 - Introduction To Criminal Law Summary R220,63
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  3. University Of The Western Cape (UWC)
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CRL 202 - Introduction To Criminal Law Summary

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Notes cover the important ideas and concepts that need to be understood when beginning the study of criminal law. Quality stuff!! U'll need it!!

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  • May 26, 2024
  • 4
  • 2020/2021
  • Summary

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AT THE END OF THIS TOPIC YOU SHOULD BE ABLE TO:

Describe the nature of criminal law.

 Unequal footing between private law and public law, private law has a horizontal
effect whilst public law and criminal law has a vertical effect.

Describe sources of criminal law.

 Criminal Law comes from a combination of Legislation, Common Law and Case Law.

Define a crime.

 “A legal wrong for which the offender is liable to be prosecuted, and if convicted, can
be punished by the state.”

Describe the meaning of criminal liability.

 “Whether X can be held criminally liable for their conduct.”

Outline and describe the elements of criminal liability.

 Conduct – voluntary act or omission.
 Unlawfulness – comply with the definitional elements of a crime or contrary to any
law.
 Causation – the relationship between cause and effect.
 Criminal capacity – whether accused was sufficiently sound of kind to be held guilty
of committing a crime i.e. of a certain age or mental health.
 Mens rea – intention or negligence..

Describe the tests of criminal liability.

 Subjective test refers to the people personally and includes the mental elements
such as mens rea and criminal capacity. It is inward looking and asks the question
about what X did.
 Objective test refers to a wholistic view and includes the physical elements such as
conduct, unlawfulness and causation. This measures X against a greater standard.

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