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Study Unit 6 PC

This document discusses the third element of a crime - intention or mens rea. It covers the different forms of intention, including dolus directus, dolus indirectus, and dolus eventualis. It provides examples of cases and asks the reader to determine the form of intention present in different scenarios. It also discusses the tests for intention, how intention can be proven in court, the concept of mistake and how it excludes intention, and the test for negligence which differs from the test for unlawfulness.

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Chante Hurter
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49 views14 pages

Study Unit 6 PC

This document discusses the third element of a crime - intention or mens rea. It covers the different forms of intention, including dolus directus, dolus indirectus, and dolus eventualis. It provides examples of cases and asks the reader to determine the form of intention present in different scenarios. It also discusses the tests for intention, how intention can be proven in court, the concept of mistake and how it excludes intention, and the test for negligence which differs from the test for unlawfulness.

Uploaded by

Chante Hurter
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
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THIRD ELEMENT OF A CRIME

OUTCOMES

At the end of this study unit you must be able to


identify, set out and describe the different forms of
culpability.
Forms of intention
 Forms
Dolus directus

Dolus indirectus

Dolus eventualis
QUIZZZZZ!!!!!!!
Jassie knows about the relationship between Grassie
and his wife, Lassie. He decides to take his fire arm
and shoots Grassie one shot through the heart.

Which form of intention is present? Explain your


answer.
QUIZZZZZ!!!!!!!
During lunch time Loosehead decides to walk down
Lover’s lane. As he was walking he notices Flathead
who punched him last night at Impala. He picked up
a loose stone laying nearby and throw it at Flathead.
Fortunately for him, Flathead saw the stone and
decides to duck. The stone hit Sosorry on the
forehead.
Which form of intention is present? Explain your
answer
QUIZZZZZ!!!!!!!
Out of political motives , Fedup detonated a bomb in
the Johannesburg station and a few people died.
Which form of intention is present? Explain your
answer.
TEST FOR INTENTION
Subjective ?
How prove in court
Direct evidence
Evidence relating to outward conduct
MISTAKE
Excludes intention
James is at a party. On his way out he takes a Jacket
out of the wardrobe thinking that it is his. The jacket
actually belongs to Sam although it look just like
James’s jacket.
Intention?
MISTAKE
Need not be reasonable
Not reasonable person test
Subjective test
Material
Error in objecto? R v Rantsane
Motive?
Aberratio ictus – R v Koza
Chain of causation
NEGLIGENCE
SU 6.2
Objective test
Differs from the test for unlawfulness
Neglegent if:
Foreseen
 (a )that the particular circumstance might exist; or
 (b) that his conduct might bring about the particular result;

Steps to prevent
acts different from reasonable person
Can negligence and intention
overlap?

What is the current legal position?


QUIZZZZZ!!!!!!!
Cannotsee, who is blind, crosses the road.
Roadpig, Cannotsee’s neighbour, came
driving down the street and bumped
Cannotsee in the middle of the road.

Was Roadpig negligent?


Which test for negligence will you apply?
Michael Knight drives his car at high speed at
night. The road turns sharply to the right and
because of his inattention and high speed at which
he was travelling, Michael Knight fails to turn to
the right in time and crashes into a cornfield next
to the road. Scarecrow, a tramp (hobo), is lying in
the cornfield asleep. It was impossible for Michael
Knight to see Scarecrow lying in the cornfield. The
car passes over Scarecrow, killing him in the
process, Michael Knight is charged with culpable
homicide. Discuss the question whether Michael
Knight ought to be convicted of this crime.

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