FACULTY
OF COMMERCE,
ADMINISTRATION & LAW
DEPARTMENT
OF PRIVATE LAW
COURSE
OUTLINE
Module Title
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CRIMINAL LAW A
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Module Code
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LCCL 201
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Programme in which the module is offered
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LLB (BACHELOR OF LAWS
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Year of offering
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SECOND YEAR
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SAQA Credits
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16 CREDITS
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NQF level
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6
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Name of Lecturer / Lecturers
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MISS NC NKOSI
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Date: February 2017
Dear Student
Welcome to the module Criminal
Law A (LCCL201) This module entail:- 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.
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 realise 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 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 prove 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.
Warmest
Regards,
NC NKOSI
Office no: 323
Extension 6191
nkosin@unizulu.ac.za
Contents
DEFINITION OF TERMS
COURSE
OUTLINE/SCHEME OF WORK/MODULE OUTLINE: Course/Module outline/Schemes
of work represent a contract between the lecturer and student stipulating the
requirements for each course: its aims, learning outcomes, course requirements
and assessment.
LEARNER/STUDY
GUIDE: A
learner/study guide helps in organising lecture notes and textbook material so
that students can increase their comprehension and memory of large amounts of
information. Specific outcomes on topics covered, the summary of content, as
well as revision questions are included.
TUTORIAL:
A
tutorial is an interactive method of transferring knowledge in the learning
process. A tutorial seeks to teach by example and supply the information to complete
a certain task.
PRACTICAL:
A
practical is a lesson in which theories and procedures learned are applied to
the actual making or doing of something.
FORMATIVE
ASSESSMENT: The goal of formative assessment is develop and
monitor student learning to provide ongoing feedback that can be used by
lecturers to improve their teaching and by students to improve their learning.
SUMMATIVE
ASSESSMENT: The goal of summative assessment is to evaluate
student learning at the end of an instructional unit by comparing it against
some standard or benchmark.
GENERIC OUTCOMES
These are critical cross-field
outcomes that inform all teaching and learning as stipulated by SAQA
Regulations.
Each module should enable students to:
·
work effectively as individuals and with others
as members of a team;
·
organise and manage themselves and their
activities responsibly and effectively;
·
identify and solve problems and make decisions
using critical and creative thinking;
·
collect, analyse, organise and critically
evaluate information;
·
communicate effectively using visual, symbolic
and/or language skills in various modes;
·
use science and technology effectively and
critically showing responsibility towards the environment and the health of
others; and
·
Demonstrate an understanding of the world as a
set of related systems by recognising that problem solving contexts do not
exist in isolation.
SPECIFIC/MODULE
OUTCOMES: Learning outcomes are statements of what students will learn
in a lecture. Each lecture has its specific outcomes. The statements are
focused on student learning.
MODULE OUTCOMES
After working through and studying this module
the learner should be able to:
·
Identify, discuss and explain the general
principles of legality
·
Identify, define, critically discuss and explain
the requirements of criminal liability.
·
Identify, define, critically discuss and explain
the different defences against criminal liability.
·
Demonstrate the application of all of the above
to practical case studies.
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 (team work).
·
Organise and manage themselves and their creativities
responsibly and effectively (self-responsibility skills).
·
Collect, analysis, organise and critically
evaluate information (information processing/research skills).
·
Communicate effectively using visual, symbolic
and/or language skills in various modes (communication skills).
PRESCRIBED READING
PRISCRIBED
Snyman, CR, Criminal
Law Sixth Edition, 2008. LexisNexis
Snyman, CR, Workbook
for Criminal Law,
OXFORD-
Advanced learners dictionary
Please note 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
Criminal
law in South Africa, Gerhard Kemp and others, Oxford
All these books are recommended
for the study of Criminal law and Lectures will be prepared from all.
ADDITIONAL READING
Learners will be advised on selected case law
and articles.
A blog will be created for your convenience.
MODE OF DELIVERY
CLASS ATTENDANCE
Class attendance is of 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 RECEIPE FOR FAILURE.
Should you fail to attend class, it will be your
responsibility to obtain relevant information and suggested solutions from
elected class representative or fellow learners.
BE PUNCTUAL FOR CLASS- BEING LATE DISPLAYS A
CHARACTERISTIC OF AN IRRESPONSIBLE PERSON. CELLPHONES MUST BE OFF.
SCOPE OF WORK FOR ASSESSMENT PURPOSES
You are required to study all the work as set out in this
learning guide.
ASSESSMENT
PROCEDURES
Students
shall be required to write two tests and one examination. Each test will be for
50 marks and will each count for 25% of the student’s overall mark. The exam
will be for 100 marks and will count for 50% of the student’s overall mark. The
mark that a student gets from the two tests will be divided against the
examination mark to bring up the final mark. The scope of the assessment will
include all work covered up to and including one day before the date of the
formal assessment, irrespective of whether the material has been lectured on or
not. A student who did not write a single test will not qualify to write the
examination. Use University approved
assignment cover sheet to submit your assignments
Welcome on board. If you attended
all your classes, participate during classes, consult if you do not understand,
write all your assessments, there will be no crash landing during your final
examination. However if you do not do any of the above prepare yourself for a
crash lending at the end of the semester.
6.1 ASSESMENT OBJECTIVES
The objectives of this course
are outlined in the course specification. You should note that each objective
relates to a module of study for this course. All objectives will be assessed
via two assessments and an end-of-semester examination worth 50% of the final
mark. Assessment 1 is worth 25% and Assessment 2 is worth 25%.
In studying this course you
should also focus upon the learning objectives specified at the commencement of
each module in the study book. They form the basis for your readings and revision
of each topic.
CONSULTATION
ARE SOON TO BE POSTED OUTSIDE MY OFFICE DOOR.
TOPIC OUTLINE
SYLLABS
CONTENT
The content of the instructional offering is
summarized as followed:
·
Principles of legality
·
General principles of criminal law:-
a) Conduct
b) Unlawfulness
c) Capacity
d) Fault
·
Requirements for each principle
·
Possible defence against criminal liability
WEEK 1
|
General introduction
to criminal law, basic concepts of criminal law and theories of punishment.
|
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WEEK 2
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Principles of legality
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WEEK 3
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Conduct- human
-voluntarily
|
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WEEK 4
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Conduct-
commission/omission/possession
causation
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Assessment 1
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WEEK 5
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continue
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WEEK 6
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Unlawfulness
(justification)
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WEEK 7
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Continue …. Until the
25th last day of lectures
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HOLIDAYS J
WEEK 1
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Unlawfulness continue
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WEEK 2
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Culpability general
-
Criminal capacity
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WEEK 3
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continue
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WEEK 4
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Intention, negligence
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Assessment 2
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WEEK 5
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Effect intoxication
and provocation
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WEEK 6
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Necessity, strict and
vicarious liability
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WEEK 7
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continue
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PURSOSE OF THE PROGRAMME
Criminal
law is a core subject within the curriculum for the LLB program. The LLB Degree
will give you entry into many fields open to a legal practitioner, where you
can be in either private practice or employed by one of 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.
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 learning outcomes. The learner
should therefore know which learning outcome 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
COMPLITION OF THIS LEARNING GUIDE, IT REMAINS SUBJECT TO CHANGE.
EXAMINATION TECHNIQUES
Most courses include an end-of-semester examination as part of the
assessment. The formal examination requires you to demonstrate your learning to
the lecturer. If you have followed our suggestions about studying, you will be
well on your way to success. Here are a few additional points to help you with
your exams.
Preparing for examinations
It is a good idea to begin revising the semester’s materials at least
two or three weeks before the examination. That way, you have time to put in a
bit of extra effort on areas you are not quite certain of. Here are some extra
points to help you.
Revise your notes. Go over the notes you have made for yourself
during your study. Make sure that you see the relationship between the key
points that you have written down, and the related details.
Get together. If possible, get together with others studying the same course.
Discuss each point. Quiz each other.
Review ‘past examination papers’. You can use same as a ‘trial run’ to get an idea of working within a strict
time limit. Past examination papers may give you an idea of the kind of
questions that might be asked. But don’t place too much emphasis on them as
lecturer can ask different styles of questions.
Review assignments. Go over previous assignments. If you didn’t do well, look at
the lecturer’s comments/feedback to find out where you went wrong.
Get to bed in good time. Don’t stay up revising all of the night
before the exam. Get a good night’s sleep so that you are alert and at
your best. And don’t skimp on meals before the exam. Mental exertion is just as dependent
on a healthy body as is physical exertion.
Confirm examination mode. Come prepared with all necessary
equipment. In your examination
Time planning. Just as you plan how you will use your weekly study time, so too
should you plan your time in the examination. Here are some guidelines on
how to use your time effectively in your examination.
- Try to leave yourself
sufficient time at the end of the examination to check over your work and
make any last-minute corrections.
- If all questions have equal
weight, plan to take about the same amount of time with each one. If the
questions have unequal weighting, spend more time on those questions with
many marks, and less time on the ones with fewer marks.
- In multiple choice
questions, don’t spend too much time on
questions you can’t answer easily or quickly.
Go ahead and answer the others first, leaving yourself sufficient time
to return to those that you are unsure of.
Hints on answering questions. Here are few hints to help you in answering questions.
- Write legibly. Even with the
best will in the world, a marker cannot give you credit if your writing
cannot be read.
- In answering essay
questions, make certain that your essay is well organised and
grammatically correct. It will pay dividends to spend a few minutes
planning your essay before you begin writing.
- Make sure that you answer
the question asked. Underline the key words in the question, and underline
the verb. This will help you to focus on the essence of the question.
Be committed
Try to build your study plan around fixed time commitments – the time that you
must give to your essential daily activities such as family, eating and
sleeping, recreation and leisure.
Be realistic
Try to be realistic in planning your study time. You will probably have
to give up some of the things you do to make time for study. On the other hand,
most people need recreation, and find it easier to stick to a schedule if they
specifically include time for sport, leisure, or other relaxation.
Study every day
Study is easier if you spread the work out, rather than trying to cram
it all into one or two days. Also, research has shown that you learn better and
remember more if you spread out your studying.
Your concentration span
Most people find that it is difficult to concentrate for long periods.
If you must study for a long period of time, be sure to take a break every hour
for a few minutes.
Your study timetable
Find out what time of day you study best. Some people are most alert
early in the morning, some in the afternoon and others late at night. For
example, if you are a ‘morning person’, try to schedule an hour or two of study in the early morning before
you go to work, or before the rest of the family is out of bed.
Set realistic goals
But set goals! Before you begin a study period, decide what it is you
intend to accomplish. It may be to summarise one chapter, to write
two pages of an essay. And give yourself a pat on the back when you have
completed your assigned task.
Set good habits
Get in the habit of beginning work as soon as you sit at your study
table. Do not use part of your study time for other things, such as
straightening your room or alphabetising your books.
Review your work
At the end of each study period, review the work that you have done, and
if necessary modify your study plan. At the end of each week, plan your
timetable for the week ahead.
Study Strategies
Studying refers to all that you do in order to learn something. Here are
some suggestions to help you study effectively.
Be active
Be actively involved with
the things that you are trying to learn. For example, write key points in your
own words. Try to relate your study to your own experience, whether it be
at home, or elsewhere.
Avoid compartmentalisation
Try to see the relationships among different modules in a course, and
different courses in your program. The more you seek for and find connections
among the things that you study, the more sense they will make and the easier
they will be to remember.
Use memory aids
- List the major points in
each module of a study book or chapter of a textbook. These major points
form the ‘framework’ of the course. If you
understand the framework, you will find it easier to remember the details.
- Some students write important
points on cards and go through them from time to time. Others write a
detailed outline and pin it up on a wall by their study table. Such
visible reminders are a simple and efficient way to help you memorise
basic facts.
Form study groups
Form a study group with other students. Ask for help or to get a fresh
point of view. You will find that trying to explain something to another person
is one of the very best ways to learn it yourself.
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ALWAYS DEESIRE TO LEARN SOMETHING
USEFULL
-Sophocles
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