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CRW1501-25-EX06

CRW1501-25-EX06

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In deciding on a mistake of law:

X’s knowledge of the facts, and not of the law, is relevant

X’s knowledge of the law, and not of the facts, is relevant

X’s knowledge and legal training are relevant

X’s knowledge of both the law, and the facts, is relevant

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Writers on criminal law use the word act in a wide sense to refer to:

both an act and an omission

positive conduct

negative acts or a failure to act

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The moment it becomes clear that any one of the four elements of criminal liability is missing or has not been complied with, it follows:

there is only relative liability

that there is delictual liability

that there is no criminal liability

there is civil liability

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Unlawfulness is excluded because of the presence of:

grounds of justification

an act that corresponds to the definitional elements

culpability on the part of X

the principle of legality

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Efforts from the colonial era to reduce customary law to writing in the form of codes have been:

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The test for criminal capacity comprises two psychological components, namely:

cognitive and conative components

direct and indirect components

lawful and unlawful components

legal and illegal components

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The rule referred to as the “prohibition on retrospectivity” in the principle of legality means that:

the conduct of the accused person must be recognised as a delict

the conduct of the accused person must have been recognised as a crime at the time of its commission

the conduct of the accused person must be recognised as a crime after its commission

the conduct of the accused person does not have to be recognised as a crime

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When it comes to the question of culpability, the picture changes and the focus now shifts:

to the unlawfulness of the perpetrator’s act

to the morality of the perpetrator’s act

to the perpetrator as an individual

to the legality of the perpetrator’s act

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Another way of stating the conditio sine qua non test of causation is by asking:

What happened after X’s act occurred?

What happened before X’s act had occurred?

what would have happened if X’s act had not occurred?

what would have happened if X’s act had occurred?

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Well-known grounds of justification include:

private defence, necessity and unlawfulness

private defence, necessity and consent

private defence, causation and consent

private defence, necessity and culpability

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