crw1501_revision_pack.

Question 1 Name the four general requirements of criminal liability Act or conduct Compliance with the definitional elements of a crime Unlawfulness Culpability Define the principle of legality. An accused may (1) not be convicted of a crime – (a) unless the type of conduct with which she is charged has been recognised by the law as a crime (b) in clear terms (c) before the conduct took place (d) without it being necessary to interpret the words in the definition of the crime broadly in order to cover the accused’s conduct; and (2) if convicted, not be sentenced unless the sentence also complies with the four requirements set out above (a) X, a fifteen-year- old girl is a party-animal. She is also an alcoholic and is placed into a rehabilitation centre by her parents for a month. Two weeks after being placed in rehabilitation, X escapes from the centre. Is X guilty of a crime? Discuss the ius acceptum principle with reference to applicable case law. (7) Ius acceptum implies that a court can only find an accused guilty of a crime if the kind of act performed by the accused is recognised by the law as a crime .This explicitly show that a court cannot create crime in accordance to the ius acceptum rule. The word ius means law and acceptum means which has been received. Ius acceptum refers to common law and statutory law. In M it was held by Kotze J that the court do not possess the