Sunday, 5 February 2017


FACULTY OF COMMERCE, ADMINISTRATION & LAW
DEPARTMENT OF PRIVATE LAW
COURSE OUTLINE
Module Title


CRIMINAL LAW A

Module Code


LCCL 201

Programme in which the module is offered

LLB (BACHELOR OF LAWS
Year of offering


SECOND YEAR

SAQA Credits


16 CREDITS

NQF level


6

Name of Lecturer / Lecturers

MISS NC NKOSI

                         
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.

WEEK 2
Principles of legality

WEEK 3
Conduct- human
                 -voluntarily

WEEK 4
Conduct- commission/omission/possession
causation
Assessment 1
WEEK 5
continue

WEEK 6
Unlawfulness (justification)

WEEK 7
Continue …. Until the 25th last day of lectures





HOLIDAYS J



WEEK 1
Unlawfulness continue

WEEK 2
Culpability general
-         Criminal capacity

WEEK 3
continue

WEEK 4
Intention, negligence
Assessment 2
WEEK 5
Effect intoxication and provocation

WEEK 6
Necessity, strict and vicarious liability

WEEK 7
continue









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 semesters 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 dont place too much emphasis on them as lecturer can ask different styles of questions.
Review assignments. Go over previous assignments. If you didnt do well, look at the lecturers comments/feedback to find out where you went wrong.
Get to bed in good time. Dont stay up revising all of the night before the exam. Get a good nights sleep so that you are alert and at your best. And dont 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, dont spend too much time on questions you cant 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.





ALWAYS DEESIRE TO LEARN SOMETHING USEFULL
                                                                                                -Sophocles









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