Unisa Crw Assignment.

Name: Abraham.

Student number: 548****

Subject: CRW-2601

Unique number: 87****

Question 1.

THIS IS THE STUDENTS OWN WORK. NONE OF THIS MAY BE COPIED WITHOUT PERMISSION.

Can X rely on a Ground of justification?

A conduct is unlawful when it is in conflict with good morals or legal convictions of society. X went into the kraal with a shotgun intentionally to stop the thief. The most relevant ground of justification that X could rely on would be Private defense. In Ex parte die minister van Justisie: in re S v Van Wyk 1967 (1) SA 488 (A)) it is related to protecting property, where a person may act in private defense of his property. The requirements for the attack in private defense was (1) Unlawful (Z trying to steel sheep) (2) It was against interests that ought to be protected (X’s sheep is his property) (3) It must be threatening but not yet completed, but it never started as Z was running away when being shot (Z was trying to steel sheep that third night) The requirements for an attack in private defense is partially met because the attack never took place, Z never began his criminal act, but the requirements for defense was (1) against the attacker (2) Must be necessary, although the police did not respond to previous enquiries, you can’t take the law into your own hands. It was not necessary to shoot in a direction of a sound. There should be a reasonable relationship between the attack and defense (Trainor 2001(1) SACR 35 (SCA)) and (4) the defender must be aware that he is acting in private defense. Partially defense requirements were met. X may not succeed with his defense due to the facts mentioned above. With reference to Ex parte die minister van Justisie: in re S v Van Wyk 1967 (1) SA 488 (A)) Killing of a thief to protect one’s property is only justifiable if life itself was threatened, and the act in violation of S11 of the constitution.

THIS IS THE STUDENTS OWN WORK.