Criminal Law · Study Hub
Study Hub
Flashcards, a lexicon, and FIRAC exam problems — coach yourself to a distinction.
Click a card to reveal the answer.
State the principle of legality.
Nullum crimen, nulla poena sine praevia lege certa — no crime and no punishment without a clear, pre-existing law.
Name the five rules of legality.
Ius acceptum (only recognised crimes), ius praevium (no retrospectivity), ius certum (clearly defined), ius strictum (strict interpretation, no analogy), and nulla poena sine lege (no penalty without pre-existing law).
What did Masiya decide about developing crimes?
Courts may develop/extend a common-law crime, but the extension cannot be applied retrospectively to the accused before the court (ius praevium).
What does Veldman establish?
Nulla poena sine praevia lege — an accused may not be punished more heavily than the law permitted when the offence was committed.
May a court extend a crime by analogy to the accused's disadvantage?
No — ius strictum forbids extension by analogy; penal provisions are strictly construed and ambiguity favours the accused.