CRW1501-2021
notes-summary-of-
study-guide-and-
answers-to-
previous-question-
papers
, Unit 1 - Intro
Distinguish between a crime and a delict.(5)
Crime Delict
1 Directed against public interests. Directed against private interests.
2 Form part of public law. Form part of private law.
3 State prosecutes. Private party institutes action.
4 Result in the imposition of punishment by Result in the guilty party being ordered to
the state. pay damages to the injured party.
5 State prosecutes perpetrator irrespective of Injured party can choose whether he wishes
the desires of private individual. to claim damages or not.
6 Trial governed by rules of criminal Trial governed by rules of civil procedure.
procedure.
(a) Name the four requirements for criminal liability in the correct sequence. (5)
1. Conduct - -Conduct can lead to liability only if it is voluntary ie. capable of subjecting
his bodily or muscular movements to his will or intellect.
- An omission can lead to liability only if the law imposed a duty on X to act positively
and he failed to do so.
2. which complies with the definitional elements of the crime - Definitional elements 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
3. which is unlawful - Conduct that is contrary to the totality of the rules of law, including
rules which in certain circumstances allow a person to commit an act which is
contrary to the letter of legal prohibition or norm.
4. and culpable - ie. grounds upon which X may personally be blamed.
- Subrequirements
1. Criminal Capacity
a) The ability to appreciate the wrongfulness of his act
b) The ability to act in accordance with such an appreciation
2. Act must be either intentional or negligent
(b) X, a sixty-three-year-old public prosecutor who suffers from diabetes, is charged with the
crime of corruption. The state’s evidence reveals that X received R30 000 from Y in exchange
for destroying a police docket which implicated Y in several fraudulent activities. X is
notes-summary-of-
study-guide-and-
answers-to-
previous-question-
papers
, Unit 1 - Intro
Distinguish between a crime and a delict.(5)
Crime Delict
1 Directed against public interests. Directed against private interests.
2 Form part of public law. Form part of private law.
3 State prosecutes. Private party institutes action.
4 Result in the imposition of punishment by Result in the guilty party being ordered to
the state. pay damages to the injured party.
5 State prosecutes perpetrator irrespective of Injured party can choose whether he wishes
the desires of private individual. to claim damages or not.
6 Trial governed by rules of criminal Trial governed by rules of civil procedure.
procedure.
(a) Name the four requirements for criminal liability in the correct sequence. (5)
1. Conduct - -Conduct can lead to liability only if it is voluntary ie. capable of subjecting
his bodily or muscular movements to his will or intellect.
- An omission can lead to liability only if the law imposed a duty on X to act positively
and he failed to do so.
2. which complies with the definitional elements of the crime - Definitional elements 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
3. which is unlawful - Conduct that is contrary to the totality of the rules of law, including
rules which in certain circumstances allow a person to commit an act which is
contrary to the letter of legal prohibition or norm.
4. and culpable - ie. grounds upon which X may personally be blamed.
- Subrequirements
1. Criminal Capacity
a) The ability to appreciate the wrongfulness of his act
b) The ability to act in accordance with such an appreciation
2. Act must be either intentional or negligent
(b) X, a sixty-three-year-old public prosecutor who suffers from diabetes, is charged with the
crime of corruption. The state’s evidence reveals that X received R30 000 from Y in exchange
for destroying a police docket which implicated Y in several fraudulent activities. X is
