What is a offence - Study guides, Class notes & Summaries

CRW2601 Summary Study Notes. Introductory Topics Criminal Liability General For a person to be convicted, the following requirements must be satisfied: 1. Their conduct must be recognised in our law as a crime a. Principle of Legality b. Not regarded as an element of a crime The 4 elements of criminal liability 1. Act or conduct 2. Compliance with the definitional elements of the crime 3. Unlawfulness 4. Culpability Act or Conduct (By conduct we mean and act or omission) Was ther...

1. INDICTMENTS AND CHARGE SHEETS Section 32 of the Constitution - Access to information (1) Everyone has the right of access to – (a) any information held by the state; and (b) any information that is held by another person and that is required for the exercise or protection of any rights. Section 35 of the Constitution – Arrested, detained and accused persons (3) Every accused person has a right to a fair trial, which includes the right – (a) to be informed of the charge with suffi...

LEG2601 SUMMARY NOTES. Legal Aspects Of Environmental Management. Learning Theme 1 – What is the law? 1.1 Introduction - The law is the basis of any orderly society - Moral and ethical rules that govern human behaviour are not usually legal rules. - Biblical/ religious commandments can constitute a legal norm e.g. thou shall not kill – murder is a crime and is the intentional act of killing a person without jurisdiction - Ethics: aka individual morality, comprise those guidelines that ...

leg2601 legal aspects of environmental management summary_1.Learning Theme 1 – What is the law? 1.1 Introduction - The law is the basis of any orderly society - Moral and ethical rules that govern human behaviour are not usually legal rules. - Biblical/ religious commandments can constitute a legal norm e.g. thou shall not kill – murder is a crime and is the intentional act of killing a person without jurisdiction - Ethics: aka individual morality, comprise those guidelines that people...

CPR3701_ CRIMINAL PROCEDURE LAW NOTES UPDATED SEMESTER 02 2021. A BASIC INTRODUCTION TO CRIMINAL PROCEDURE 1.1. The place of the law of criminal procedure in the legal system The law of criminal procedure is the entire body of rules that prescribes the procedure to follow in punishing criminals by virtue of state authority. Criminal procedure must, subject to the supremacy of the Constitution: - provide a process to enforce criminal law; - allocate power to state officials; and - articu...

STUDY UNIT 1 – What is “law” What is Law The law: → is a set of rules / norms that governs human behaviour / conduct. → should be obeyed by all of society & is binding → is enforced by the state / state organs & → when you do something wrong, you may be prosecuted & punished or be ordered to compensate the other party you have injured SA Law Has Two Main Divisions Two methods used to divide SA law into two main divisions: 1. SA law can be divided into the two main divisi...

UBLAW PGDL: Law of Organisation Unit 3 Required ending for a company name - S59 CA 2006: private companies must end in limited/ltd or welsh equivalent. S58 CA 2006: public companies must end in plc/public limited company/welsh equivalent Companies limited be guarantee have 'association' in their names. Similarity to existing company names. - Company's name must not be the same as an existing company (S66 CA 2006) Company's name can be deemed the same as an existing company's nam...

Summary Guide: If it is written like this: it means that the source is the SG If it is written like this: the source is from the textbook/gimmenote summary If it is written like this: the source is from an Act (mostly CPA) If it is written like this: the source is from textbook/gimmenote however it is not relevant chapter in tut 102 therefore read only CPR3701 SUMMARY-EXAM PREP. SECTION A: THE CRIMINAL JUSTICE PROCESS IN GENERAL “Section A consists of an overview of the first four phas...

CRIMINAL LAW – 2601 – GENERAL PRINCIPLES THEORIES OF PUNISHMENT: ABSOLUTE THEORY: (a) Retributive The theory of retribution is purely retrospective and foresees on the crime that was committed in the past. RELATIVE THEORY: (a) Preventative (b) Deterrence (i) General deterrence (ii) Individual deterrence (c) Reformative • The emphasis is on a future purpose, namely; prevention, deterrence and reformative. In order to achieve these aims the punishment imposed need NOT be in pro...

CMY 3701: EXPLANATION OF CRIME Theme 1: Rational Actor Model: Assumptions of the classical school of thought: Human nature:  People are self-interested.  People are rational creatures.  People have free will.  People are able to make and act in accordance with personal choices, and are able to weight up the advantages and disadvantages of competing courses of action.  Prison is seen as a facility that facilitates reform by developing their rational thought processes. C...