Intermediate level, whole course, 72 lectures and tutorials.
Course convenor: Prof PJ Schwikkard
The course covers the general principles of criminal law. Student s are introduced to these principles by a brief examination of the nature pf criminal law and punishment, the principle of legality and the operation of the Bill of Rights on the rules of criminal law. A brief overview of the general principles places each of the elements of criminal liability in context and demonstrates its role in deciding criminal liability.
Analysis of principles:
- voluntariness of conduct (including the defence of automatism);
- defences excluding unlawfulness (private defence, necessity, impossibility, obedience to orders, public authority and consent);
- capacity (including the defences of youth, insanity, intoxication, provocation and emotional stress)
- fault in the forms of intention and negligence.
- common purpose, accomplice and accessory-after the-fact liability
- attempt, incitement and conspiracy
Selected specific offences:
Essential elements of crimes such as murder, culpable homicide, assault, rape, theft, robbery, and fraud are considered.
DP requirements: Please refer to course handout.
|November examination (2 hour)||50% (if essay/moot/opinion)
70% (if no essay/moot/opinion)