INTRODUCTION TO LEGAL SCIENCE IRL POWER PACK SUPPLEMENTARY WORKBOOK First Edition: 2013

Transcription

1 INTRODUCTION TO LEGAL SCIENCE IRL POWER PACK SUPPLEMENTARY WORKBOOK First Edition:

2 2 Dear Students Welcome to SFR 114. The order of importance with regard to study materials for this course is first the UFS Study Guide (SG), then the prescribed cases and then the textbook (Snyman, CR, Criminal Law, 5 th edition, 2008, LexisNexis). The purpose of this power pack is to serve as a supplementary workbook i.e. a means of enabling you to apply the knowledge that you have learned from your UFS study material. Please note that this power pack is to supplement your course material; it is by no means a replacement or summary of your course material. We hope that you enjoy this course and that you come away with a good understanding of the general principles of Criminal Law

3 3 Learning Plan/Module Pacer WEEK DATES MODULE PRESCRIBED READING LEARNER PREPARATION IMPORTANT DATES 6 4 Feb 8 Feb Lectures commence on 4th February Module 1 Introduction Module 2 Legality (punishment by the state) SG : 9-19 SG : Snyman : 3-9 ; Snyman : Feb 10 Feb Module 3 Conduct SG : Snyman : Feb 15 Feb (Wed, 13 th Fri, 15 th orientation = no lectures) Module 4 Causation SG : Snyman : Developmental assignment due 15 Feb 12h Feb 22 Feb Module 5 Unlawfulness SG : Snyman : Feb 1 March Module 5 Unlawfulness continued SG : Snyman : March 8 March (Fri, 8th = no lectures) Revision of modules 1 5 for test purposes SG : 9-54 Test 1 8 March 13h00 Introduction to end of necessity March 15 March Module 6 Accountability SG : Snyman : ;

4 4 WEEK DATES MODULE PRESCRIBED READING LEARNER PREPARATION IMPORTANT DATES March 22 March (Wed, 22 nd = Human Rights Day) Module 6 Accountability continued SG : Snyman: ; March 29 March (Fri, 29 th = Good Friday) Module 7 Fault SG : Snyman: ; ; ; 15 1 April 5 April (Mon, 1 st = Family Day) 16 8 April 12 April (Mon, 9 th = Family Day Thurs, 11 th = no lectures) Module 7 Fault continued SG : Snyman: ; ; April 19 April Completion of Module 7 Revision of modules 1 7 for test purposes SG : Test 2 18 April 07h00 Impossibility to end of study guide April 26 April (Thurs, 25 th and Fri, 26 th = no lectures) Revision Test 3 26 April 07h00 Entire study guide April 3 May (Wed, 1 st May = Workers Day) To be confirmed by VC 20 6 May 10 May Exam workshops NOTE: SG refers to UFS Study Guide

5 5 Module 1 Introduction In a diagram, show the hierarchy of the superior and lower courts in South Africa as well as their geographic and matter jurisdiction. Look up S v Russell 1967 (3) SA 739 N on UFS Blackboard and answer the following questions: (a) In what court was this matter heard? (b) (c) (d) (e) (f) Who presided over this matter? Briefly summarise the facts of this case. Find the salient question which the court had to consider in this matter (hint: 740H) Differentiate between an appeal and a review. What was the outcome of this case?

6 6 Module 2 Legality (punishment by the state) In criminal law, the principle of legality is known as the nullum crimen sine lege principle (translation = no crime without law). Draw a mind map showing and explaining the five main principles: Ius acceptum Ius praevium Ius certum Ius strictum Nulla poena (See for guidance.) In a flow chart show the sequence of requirements or elements for a person to be criminally liable. Learning design 3 Read the article What role should ubuntu play in court judgments? 2 Class debate: Do you agree or disagree with the author? 3 2 Du Preez, J. (5 November 2012). What role should Ubuntu play in court judgments? Daily News 4

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8 8 Module 3 Conduct X has a pet chimpanzee, which weighs 90 kilograms. The chimpanzee has appeared in a number of advertisements and television shows. Y, a long time friend of X, is visiting X one day when the chimpanzee suddenly attacks him (Y). The attack leaves Y with severe facial injuries and defensive wounds to his hands. Y is left blind by the attack and has to undergo extensive reconstructive surgery to his face. Some of his fingers have to be amputated. A policeman, who responded to the emergency call placed by X, shoots and kills the chimpanzee in order to prevent further injury to Y. After some months in intensive care, Y dies as a 4 result of his injuries. It transpires that the chimpanzee has attacked a number of people over the past 10 years and had also escaped from X s home a few times. Should X be charged with culpable homicide? Prepare a written argument and substantiate your answer with relevant case law. Complete the following table: Sane automatism Insane automatism Meaning of expression Burden of proof Outcome of case 4

9 9 Module 4 Causation Access UFS Blackboard. Compare the following cases and state whether the respective courts found that there was legal causation present and if so, on what basis: S v Mokgethi and another 1990 (1) SA 32 (A) S v Tembani 1999 (1) SACR 192 (W) S v Daniels 1983 (3) SA 275 (A) Refer back to the scenario in Learning Design 1 on page 7. Suppose that Y refused medical treatment would X s actions be the factual and legal cause of Y s death? 5 5

10 10 Module 5 Unlawfulness Refer back to the scenario in Learning Design 1 on page 7. What defence may the policeman raise for killing the chimpanzee? X, a student, is driving home late one night. He sees that a car with four occupants has been following him for some time. Fearing that he may become the victim of a hijacking once he stops at his gate, he phones his father, Y, and asks him to make sure that he has his gun ready in case the hijacking goes down. Y sits in wait in the dark on the veranda. He hears his son s car stop at the gate. He then sees a figure jump over the wall. Believing this to be one of the criminals, Y fires two shots. He runs over to the person who is now lying on the ground and sees that he has shot and killed his own son. It turns out that the vehicle which was following his son was an unmarked police car. The plainclothes policemen inside the car had thought they were following a suspected stolen vehicle. Did Y act unlawfully? Consider the relevant ground(s) of justification in coming to your conclusion. 6 Module ting%20and%20crime%20scene%20tape.jpg

11 11 Criminal accountability / capacity 7 Read the article below: 8 Class discussion: What defence(s) is the accused raising in this matter? SAPA-AP. (21 September 2010). Caffeine made me do it, argues murder accused. The Mercury

12 12 X has just completed matric. He goes to a Rage Festival at Ballito and spends the night drinking shooters with his friends. Despite being barely able to walk properly, X gets into his car and drives home. On his way home, he skips a red robot at an intersection and crashes into the side of another car. Y, the driver of the other car, sustains serious injuries. X is charged with assault, alternatively, contravening Section 1 of Act 1 of X approaches you for legal advice. What defence will you use to ensure that X is acquitted on both charges? Submit a written argument with reference to case law. (Note: your answer should be more or less one page) 9 9

13 13 Module 7 Fault Tabulate the different forms of intention, giving examples of each so as to better understand the concepts. X owns a game farm in Mpumalanga. He has had a number of white rhinos slaughtered by poachers. He receives information from an informant that another five rhinos are being targeted for their horns and that this incident is due to take place the following night. He decides to lie in wait with some of his game rangers and see if he can catch the poachers red-handed. He sends two trackers out to see if they can pick up the tracks of any 10 poachers. After waiting for hours in the bush, X hears voices and sees several men stealthily approaching the area where the rhinos are grazing. He yells at the men to stand still and identify themselves. Suddenly, one of the men points a gun at X and fires. X immediately shoots back but the bullet ricochets off a nearby tree and strikes one of the game rangers, killing him instantly. The poachers manage to run off into the dark night. Class discussion: Do the above facts amount to a mistake (error in objecto) or a factual situation known as aberratio ictus? 10