COURSE OUTLINE

1. INTRODUCTION

Welcome as learners to criminal law. We would like to invite you to use the lecturer as facilitator to develop your knowledge in this subject to the maximum. In order to attain success in this subject, your own contribution is important. It is important that you realize that it is your responsibility to prepare for classes and to initiate class discussions. If your attitude towards your study is correct, success will inevitably await you in your future career but always remember that success will only come with hours and hours of very hard work.

It is very easy for a lay person to say that a person, suspecting of the commission of a crime should be found guilty of such a crime and be punished for it. However, a person will only be convicted of a crime if the prosecution can proof beyond reasonable doubt all the elements and requirements for criminal liability. In criminal law you the student will be instructed on the different requirements for criminal liability( in Criminal Law A 201) and on the participation in crime, incomplete crimes and specific crimes (in Criminal Law B 202).

The general purpose of this instructional offering is to familiarize the learner with criminal law terms and concepts. While the learner is “downloading” the theory, practical application will be facilitated through the completion of homework, assignments, class discussions and self-study “assessment type” questions, mostly in the form of case studies.

2. PURPOSE OF THE PROGRAMME

Criminal law is a core subject within the curriculum for the LLB program. The LLB Degree will give you entry into the many fields open to a legal practitioner, where you can be in either private practise or employed by one of the many state departments. Both private and public practitioners use criminal law. You will use it extensively if you follow a career in criminal prosecution or as a defence attorney or advocate.

3. PURPOSE OF THE LEARNING GUIDE

This learning guide serves as an instrument of preparation for the learner. It enables you to plan your studies and to follow the completion of the curriculum framework. Because criminal law is a practical subject, theory is explained and then practical problems must be solved in the form of case studies. You must study the theory beforehand; this will help you complete the theory sections quicker. More time can then be spent on the practical work.

The content of this learning guide must not be regarded as complete. The accumulation of knowledge and insight, as well as the achievement of specific goals, is the learner’s primary responsibility. The learning process will be facilitated within the academic framework with the learning outcomes. The learner should therefore know which learning outcomes must be achieved after each session and what the learner will have to give account of at the end of the module.

WHILE the utmost care was taken during the compilation of this learning guide, it remains subject to change.

4. SYLLABI

4.1. CONTENT

The content of the instructional offering is summarized as follows:

· Principles of legality

· General Principles of criminal law:-

- Conduct

- Unlawfulness

- Capacity

- Fault

· Requirements for each principle

· Possible defenses against criminal liability

4.2. LEARNING OUTCOMES

After working through and studying this module the learner should be able to:

· Identify, discuss, and explain the general principles of legality crime.

· Identify, define, critically discuss, and explain the requirements of criminal liability.

· Identify, define, critically discuss, and explain the different defenses against criminal liability

· Demonstrate the application of all of the above to practical case studies.

4.3. CRITICAL CROSS-FIELD LEARNING OUTCOMES

Learners must demonstrate the ability to:

· Identify and solve problems and make decisions using critical and creative thinking (problem-solving skills).

· Work effectively with others as members of a team, group organization and community (team-ship).

· Organize and manage themselves and their activities responsibly and effectively (self-responsibility skills).

· Collect, analyses, organize and critically evaluate information (information processing/research skills).

· Communicate effectively using visual, symbolic and/or language skills in various modes (communication skills)

5. literature

5.1. Prescribed

Snyman, CR, Criminal Law. Fith Edition, 2008.LexisNexis:Durban

Snyman CR, Workbook for Criminal Law, Digma:Pretoria

Oxford – Advanced learners dictionary

Please note that the above is the prescribed books for this module. If you are unable to obtain the above prescribed materials you may use the alternative book of

Burchell and Hunt, General Principles of Criminal Law Juta.

Both these books are recommended for the study of criminal law and lectures will be prepared from both.

5.2. ADDITIONAL READING

Learners will be advised on selected case law and articles.

5.3. COPYRIGHT AND PLAGIARISM

If you should make any copies of the prescribed textbook, you may be found guilty of a criminal offense and a fine or imprisonment may be imposed. The Faculty does not take any responsibility in this regard.

If copies of the textbook must be made, written permission must be obtained from the publishers of the book.

6. assessment

The assessment criteria will arise from, and be linked to, the intended outcomes. Due to the practical nature of the course content, the summative assessment will primarily take the form of practical case studies but will also include a component of theory questions. You will be informed about the necessary exam technique during the course of the module. This means that you will be told what knowledge, skill and attitudes need to be acquired and developed in order to achieve the prescribed outcomes.

When preparing for assessments, you must ensure that you will be able to meet all the outcomes and assessment criteria as stated in each learning unit.

6.1. FORMATIVE ASSESSMENT

Formative Assessment takes place during the process of teaching and learning for the purpose of assessing the learners’ progress in “downloading the theory”. Formative Assessment will be in the form of formal tests and assignments given by your lecturer. Formative tests and assignments will account for 50 % of your final mark. Any test missed will count as a zero unless a valid medical certificate or reason is handed to your lecturer as soon as possible.

6.2 SUMMATIVE ASSESSMENT (FINAL EXAMINATION)

Summative assessment is undertaken to form a judgment about the learners’ achievement of the intended outcomes and is carried out at the end of the learning program. A two hour examination will be written at the end of the module on the work done during the semester. The summative assessment will account for 50 % of your final mark at the end of every semester. A final pass of 50 % is required to pass this module. The relevant assessment criterion for this module is as follows:

Test 1 or Assignment 1	25 %
Test 2 or Assignment 2	25 %
Examination	50 %
Total	100 %

7. GENERAL GUIDELINES

7.1. CLASS ATTENDANCE

Class attendance is of the utmost importance in this subject. The practical application of theory is constantly tutored through a variety of class activities. Important announcements are made during the class and important guidelines are provided on how to start and complete homework and assignments.

STAYING AWAY FROM CLASS IS A GUARANTEED RECIPE FOR FAILURE.

Should you fail to attend class, it will be your responsibility to obtain relevant information and suggested solutions from the elected class representative or fellow learners.

BE PUNCTUAL FOR CLASS – BEING LATE IS A DEFINITE CHARACTERISTIC OF AN IRRESPONSIBLE INDIVIDUAL. ACCESS TO THE VENUE, 5 MINUTES AFTER CLASS HAS STARTED, WILL BE DENIED IN LINE WITH FACULTY POLICY.

7.2. CONSULTATION WITH COURSE FACILITATOR

You may personally consult your course facilitator in his / her office during specified consultation hours. (Displayed on his/her door) If you need to speak to the course facilitator after consultation hours, an appointment must be made. When a serious problem must be discussed, it is important to arrange for a special appointment beforehand.

No lectures, of any nature, missed because of poor class attendance, will be repeated during consultation hours - that is why classes are arranged. No notes / transparencies will be loaned to learners! No assignments / tests will be distributed to any learner in the course facilitator’s office – these will only be distributed in the classroom.

Please note – if you were unable to reach the facilitator, leave a message on a piece of paper with all your details underneath the facilitator’s door or with the department secretary. Visits or telephone calls to the facilitator’s private residence will not be tolerated!

An elected student representative may consult with the lecturer with regard to similar “course related” problems shared between various students.

7.3. SCOPE OF WORK FOR ASSESSMENT PURPOSES

You are required to study all the work as set out in this learning guide.

8. ASSESSMENT DATES

Assignments and examination dates will be supplied by the lecturer and can be filled in by the student in the space provided below: Please note that class tests are conducted on a “surprise” basis broadly in line with the time frames below

Assessment:	Date:
Test 1/Assignment 1	Week
Test 2/Assignment 2	Week
Examination

9. DETAILED COURSE OUTLINE :

WEEK 1	Gen introduction to criminal law Overview of criminal law
WEEK 2	Principals of legality
WEEK 3	Requirements for liability - conduct Conduct-Human Voluntary
WEEK4	Commission / Omission Causation
WEEK 5	Re-cap + Test week
WEEK 6	Unlawfulness- Justifying grounds Private defense Necessity Consent
WEEK 7	Capacity
WEEK 8	Capacity
WEEK 9	Re Cap and Test Week
WEEK 10	Intent
WEEK 11	Intent
WEEK 12	Negligence
	Revision and Exam

GOOD LUCK WITH YOUR STUDIES.