Department of Criminal and Procedural Law

Programmes and Modules

Criminal Law(CRL 2541 & CRL 2641):

Introduction
Criminal law is a study of the authority of the state to regulate conduct within constitutional limitations so that maximum freedoms and liberties may be enjoyed by all.

In order for a criminal justice system to operate successfully the great majority of the people within the society must have confidence that the system is not only fair and egalitarian, but also that it seeks justice as its ultimate goal.  Does the criminal law of South Africa satisfy these aspirations and sentiments?

This module deals with the general part, (i.e. the general principles) of the criminal law.  There is a great proliferation of crimes – ranging from murder to rape, to theft to abortion  to assault, all the way down to criminal defamation.  All these sundry crimes are governed by certain general principles or rules which the late, most eminent English Prof. Glanville Williams calls the general part of the criminal law.

By intimately acquainting oneself with such basic concepts as mens rea, actus reus, principle of legality, strict liability, causation, etc, the root principles as well as the philosophy of the criminal law are thrown into sharp relief.  The student is then placed in a sound position where he/she can, (a) appreciate and understand the specific offences such as murder (versus culpable homicide), (b) determine the social function as well as adequacy of these specific offences (by using the comparative method which a thorough grounding in the general part requires), and (c) be in a positives to provide useful and beneficial alternatives to the lex lata if this is found to be in need of reform.  We shall learn for examples that “true crimes” require actus reus as well as mens rea – but we shall see also that in some cases, mens rea is dispensed with and a particular conduct may be punished simply on the ground of it being unlawful – and why this is so.  In other words, we are here dealing with the theoretical assumptions/foundations of the criminal.

1. Introductory Topics:
   • The sources of South African criminal law;
   • The content, definition and classification of criminal law;
   • Aims & theories of criminal punishment;
   • The principle of legality.
2. Elements Of An Offence:
   • Conduct;
   • Omission;
   • Voluntariness
   • Status Offences
   • Causation;
   • Mens rea/Culpability/Fault;
   • Criminal capacity – age of criminal responsibility
   • Strict liability & Vicarious liability; and
   • Concurrence of the physical & mental elements of a crime.
3. Corporate Criminal Liability
4. Insanity
5. Intoxication
6. Ignorance Of The Law / Mistake Of Law.

CRL 2641:
In the second semester, we shall examine, analyze, discuss and evaluate some specific crimes such as murder, theft, rape, assault, crimen iniuria, etc. We shall endeavour to distil, analyze and comprehend the definitional elements as well as the various, critical social interests they were crafted to protect. In analyzing the various specific offences, we shall employ the fundamental principles, rules and doctrines we studied in the ‘general part’ of the criminal law as the essential building blocks.

Lecture Sequence

1. Preliminary/Inchoate Offences
   • Attempt
   • Conspiracy
   • Incitement
2. The Classification Of Crimes
3. Unlawful homicide;
   • Murder
     • Unlawfulness,
     • Causing of Death,
     • Medical treatment and causation
     • Death
     • Intention.
   • Culpable homicide
     • Negligence?
   • The Death Penalty debate
4. Defences to murder and culpable homicide
   • Self-defence
   • Defence of others
   • Defence of property.
5. Property Offences
   • Theft
   • Fraud
   • Theft by False pretences
6. Crimes Against the State
   • High Treason
   • Sedition
7. Crimes Against the Administration of Justice
   • Contempt of Court
   • Obstructing the Course of Justice
   • Perjury
8. Sexual Crimes
   • Rape
   • Pornography
9. Bigamy
10. Other Miscellaneous Crimes
    • Assault
    • Crimen iniuria
    • Kidnapping