REVISION QUESTIONS :

PRINCIPLES OF LEGALITY:

(1) Define the principle of legality.
(2) Name the five rules embodied in the principle of legality (refer to the Latin terms).
(3) Discuss the role of the ius acceptum rule in determining whether
(a) conduct constitutes a crime in terms of the common law
(b) a statutory provision has created a crime
(4) Distinguish between a legal norm, a criminal norm and a criminal sanction.
(5) When will a provision in an Act of Parliament creating a crime best comply with the
principle of legality?
(6) Define the ius praevium rule.
(7) Define the ius certum rule.
(8) Discuss the decision of the Constitutional Court in Masiya.
(9) What does the ius strictum rule mean?
(10) Discuss the principle of legality in punishment.

CONDUCT

(1) Define the concept of an ``act''.
(2) What is the difference between the meaning of the word ``act'' as this word is used in
everyday parlance, and the technical meaning it bears in criminal law?
(3) Briefly explain the meaning of the requirement that the act must be a human act.
(4) Fill in the missing words: Conduct is voluntary if X is capable of subjecting ......................
to his ............................... or ............................
(5) Distinguish between the concepts ``voluntary'' and ``willed''.
(6) Name three factors which exclude the voluntary nature of an act.
(7) Explain the meaning of ``absolute force'', as well as the difference between this type of force
and relative force.
(8) Give examples of muscular movements or ``events'' which take place in a state of
automatism.
(9) Give three examples of automatism from our case law.
(10) X causes an accident in the course of suffering an epileptic fit. The evidence reveals that he
has been suffering epileptic fits for the past thirteen years and that he had insufficient
grounds for assuming that he would not suffer one again on the particular day. Could X be
convicted of negligent driving? Give reasons for your answer.
(11) Sort the following phrases under the headings ``Sane automatism'' and ``Insane
automatism'' and write them in the correct columns.
(a) State of automatism is due to mental illness or defect.
(b) A sane person momentarily acts involuntarily.
(c) Onus is on the state to prove that act was voluntary.
(d) Onus is on the accused to prove that he suffered from a mental illness or defect.
(e) X is acquitted because he is deemed not to have acted.
(f) In terms of section 78(6) of the Criminal Procedure Act 51 of 1977, X is found not
guilty, but he loses his freedom in that he is referred to a mental hospital.
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(12) Briefly mention the eight instances in which it is assumed in practice that a person has a
legal duty to act positively.
(13) The law cannot expect of somebody to do the impossible. Name the three requirements for
the defence of impossibility to succeed. Refer to examples and the case law.

CAUSATION

(1) Explain the meaning of the term ``definitional elements of the crime''.
(2) Distinguish between materially and formally defined crimes and indicate in which of these
two groups of crimes the crime of possession of dagga should be categorised.
(3) Discuss the criterion which our courts apply to determine factual causation.
(4) Explain what you understand by the concept ``legal causation''.
(5) Define and give a critical evaluation of the theory of adequate causation.
(6) Define and discuss with reference to decided cases the theory of novus actus interveniens.
(7) Discuss the decision of the Appeal Court in the Daniels case.
(8) Discuss the decision of the Appeal Court in the Mokgethi case.
(9) Discuss the decision of the Appeal Court in Tembani.
(10) Give a summary of the rules which our courts apply in order to determine causation.
(11) Can X, if she assists Y to commit suicide and is subsequently charged with the murder of
Y, succeed with the defence that there was no causal link between her conduct and Y's
death?

These questions does not include any factual questions and is only a tool for you to use while studying to make sure you know the work.