What is non pathological criminal incapacity?

The defence of non-pathological criminal incapacity is available where an accused lacks any of the relevant functions: the ability to appreciate the wrongfulness of his/her conduct and the ability to act in accordance therewith.

Does provocation exclude criminal capacity?

This was also confirmed by the courts in the cases of both Campher14 and Wiid15 where both courts held that: ‘extreme provocation could also exclude criminal capacity that will lead to a total acquittal’. This led to a new term, known as “Non-pathological criminal incapacity”.

What is sane automatism?

Sane Automatism: In circumstances where something other than a ‘disease of the mind’ causes the accused to lose total control and direction of their will (e.g. concussion, sleepwalking or drug-induced psychosis).

What is the meaning of criminal capacity?

The first question involves a subjective [footnote omitted] enquiry into criminal capacity, defined as the ability to appreciate the wrongfulness of conduct (the cognitive element) and the ability to act in accordance with this appreciation (the conative element).

What does non pathological mean?

is that pathological is (medicine) pertaining to pathology while nonpathological is not pathological.

What are the 3 forms of intent?

The word dolus means intent. There are 3 types of intention in law, direct intention, indirect intention and lastly legal intention. Direct intention, called “dolus directus”, is where a perpetrator has a firm intention to commit a specific unlawful act and there follows the unlawful consequence of that act.

Can provocation be a ground of justification?

It can establish a motive to commit a crime. Therefore, provocation can be raised as a ground to argue mitigation factors in crime and in very exceptional circumstances prove to be a defence to avoid conviction, however, the courts have been very cautious to allow an accused to get away with unacceptable behaviour.

What are Level 4 Offences?

Level 4 comes with new criminal offences around gatherings. Anyone who organises a gathering, at a church or political rally – faces up to six months in jail. So do attendees who should have known better.

What is a pathologic condition?

Definition: Abnormal anatomical or physiological conditions and objective or subjective manifestations of disease, not classified as disease or syndrome.

What is non pathological dissociation?

Dissociation occurs on a continuum—at the nonpathological end of the continuum, dissociation describes common events such as daydreaming while driving a vehicle. Further along the continuum are non- pathological altered states of consciousness.

What is non-pathological criminal incapacity?

This defence has become known as non-pathological criminal incapacity and, if successfully raised, results in an acquittal and an unconditional discharge. Non-pathological criminal incapacity may arise out of any non-pathological condition.

What is the defence of nonpathological incapacity due to provocation?

The defence of nonpathological incapacity due to provocation and emotional stress has occupied an important role in South African criminal law as it accommodates those individuals who kill out of anger, emotional stress, fear, shock and emotional collapse provided that the accused did not possess criminal capacity at the time of the killing.

What is the defence of non-pathological criminal incompetence?

The defence of non-pathological criminal incapacity still exists and was not abolished as can be seen in cases where an accused can rely on the defence of sane automatism (which is now regarded as the same defence of non-pathological criminal incapacity) where a lesser sentence/acquittal is applicable. 4.

Is emotional incapacity a defence to criminal incapacity?

The courts recognised that criminal incapacity could result from non-pathological causes and the defence of nonpathological incapacity based on provocation and emotional stress emerged. Notably, the Rumpff Commission identified a third category, that of affective functions, which govern an individual‘s feelings and emotions.