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Topic 1 Power Point Slides 2023 Full

This document provides an introduction to public law and criminal law concepts. It discusses key topics such as the difference between public and private law, sources of criminal law, what constitutes a crime, criminal versus civil wrongs, the five elements of criminal liability, tests of criminal liability, participants in a criminal trial such as the accused and state, the steps in a criminal trial, different theories of punishment, the presumption of innocence, and the principle of legality.

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20 views19 pages

Topic 1 Power Point Slides 2023 Full

This document provides an introduction to public law and criminal law concepts. It discusses key topics such as the difference between public and private law, sources of criminal law, what constitutes a crime, criminal versus civil wrongs, the five elements of criminal liability, tests of criminal liability, participants in a criminal trial such as the accused and state, the steps in a criminal trial, different theories of punishment, the presumption of innocence, and the principle of legality.

Uploaded by

nsukumudau74
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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TOPIC 1:

INTRODUCTION:

What is public law about?


• Public Law v Private Law
• State v Accused
• The State’s role in the CJS
• Citation of criminal cases

What are the sources of criminal law?


What is Criminal Law?

• Criminal law = law of crimes and punishment


What is a crime?

“A crime is a legal wrong for which the offender is liable to be


prosecuted and, if convicted, punished by the State.”
Cross & Jones Introduction to Criminal Law (7ed)

1. unlawful conduct

2. threat of state punishment

Criminal v Civil Wrongs?


What is Criminal Liability:

• central concept

• detailed investigation
The 5 Elements of Criminal liability:

1. conduct
2. unlawfulness
3. causation
4. criminal capacity
5. mens rea: intention or negligence

= elementology of criminal liability

• physical elements

• mental elements
• guilty if and only if he satisfies all 5 elements
Exercise
Example 1 Example 2
• A strong wind blows X • X steals V’s MP3 player.
into V. • At the time X is 9½
• V’s arm is broken in the years old.
collision. • Is x guilty of theft?
• Is X liable for assault? • Element criminal
• Element conduct capacity
• X’s behaviour • Child below 10 does not
involuntary: No criminal possess criminal
conduct by X. capacity.
Exercise
Example 3 Example 4
• X attacks V with the • Y points his gun at X to
intention of raping her. shoot X.
• In an effort to escape, V • X throws an axe at Y.
runs across a busy road. • The axe lodges in Y’s
• V is struck and killed by head and kills him.
a bus. • Is X liable for death of
• Is X liable for V’s death? Y?
• Element causation • Element: unlawfulness.
Tests of Criminal Liability

• Subjective

• Objective
Basic rule:

• physical elements - objective criteria


• mental elements - subjective criteria

Exceptions:

Negligence - objective standard


Luxuria - Hybrid
Participants in the Criminal Trial

• the accused
• the state
• the court

• CJS in SA - adversarial or accusatorial system


The steps in a criminal trial:

• Charge/indictment

• Plea

• Hearing

• Verdict

• Sentence
Exercise

• ‘X was found guilty by the prosecutor and charged.’

• The court charged X with murder and sent him to jail for 25 years

• X was found guilty because he could not prove that he did not
steal V’s wallet
What are the Different Theories of Punishment:

• Absolute

• Relative

• Combined
The Presumption of Innocence

Constitutional principle – Section 35(3)(h)

Definition?
The presumption of innocence imposes upon the state the onus to
prove the guilt of the accused beyond a reasonable doubt.

What does the presumption mean for the accused?

Ndhlovu 1945 AD 369.


Zuma 1995 (1) SACR 568 (CC)
The Presumption of Innocence

The presumption of innocence consists of 2 parts?

Onus of Proof
Rests with the State
Exception – Reversal of standard of proof- Defence of Insanity/Pathological
Criminal Incapacity

Standard of Proof
Beyond a Reasonable Doubt (BARD)
• Must be the only reasonable verdict
• State must produce evidence that convinces a reasonable person that X
committed the crime
• Exception – Lowering of standard of proof- Defence of
Insanity/Pathological Criminal Incapacity
Rationale for the Presumption of Innocence:
Manamela 2000 (3) SA 1 (CC)

Constitutionality of reverse onus/presumption of admissibility:


Zuma 1995 (1) SACR 568 (CC)
Principle of Legality

Maxim: Nullem crimen sine lege (no crime without law)

Meaning? An accused may not be held criminally liable unless her/his conduct was
criminalises at the time of its commission or omission.

• Where does the POL originate from? Common law principle

• Where is the POL located in our law presently?


Bill of Rights of the Constitution - Section 35(3)(l) – fair trial right.
The state violates the Constitution if it fails to observe Section 35(3)(l).

What’s the rational of the POL? To protect X against the abuse of state power.
•Solomon 1973 (4) SA 644 (C)
•Smith 1973 (3) SA 945 (C)

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