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    Spof 6211 Learning Unit 5 Powerpoint Slides - Crimes Against Dignity and Reputation - 2021

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    This document discusses crimes against dignity and reputation, specifically crimen iniuria and criminal defamation. It defines each crime and outlines their key elements. Crimen iniuria involves the unlawful and intentional violation of another's dignity or privacy through words or conduct. Criminal defamation involves the unlawful and intentional publication of accusations about another that seriously injures their reputation. The document distinguishes between the two crimes and discusses relevant case law.

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    Spof 6211 Learning Unit 5 Powerpoint Slides - Crimes Against Dignity and Reputation - 2021

    Uploaded by

    Poop
    37 views18 pages
    This document discusses crimes against dignity and reputation, specifically crimen iniuria and criminal defamation. It defines each crime and outlines their key elements. Crimen iniuria involves the unlawful and intentional violation of another's dignity or privacy through words or conduct. Criminal defamation involves the unlawful and intentional publication of accusations about another that seriously injures their reputation. The document distinguishes between the two crimes and discusses relevant case law.

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    SPOF 6211 LEARNING UNIT 5 POWERPOINT SLIDES - CRIMES AGAINST DIGNITY AND REPUTATION - 2021

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    This document discusses crimes against dignity and reputation, specifically crimen iniuria and criminal defamation. It defines each crime and outlines their key elements. Crimen iniuria involves the unlawful and intentional violation of another's dignity or privacy through words or conduct. Criminal defamation involves the unlawful and intentional publication of accusations about another that seriously injures their reputation. The document distinguishes between the two crimes and discusses relevant case law.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    37 views18 pages

    Spof 6211 Learning Unit 5 Powerpoint Slides - Crimes Against Dignity and Reputation - 2021

    Uploaded by

    Poop
    This document discusses crimes against dignity and reputation, specifically crimen iniuria and criminal defamation. It defines each crime and outlines their key elements. Crimen iniuria involves the unlawful and intentional violation of another's dignity or privacy through words or conduct. Criminal defamation involves the unlawful and intentional publication of accusations about another that seriously injures their reputation. The document distinguishes between the two crimes and discusses relevant case law.

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    SPOF 6211

    LEARNING UNIT 5:

    CRIMES AGAINST
    DIGNITY AND
    REPUTATION
    LEARNING UNIT 5
    CRIMES AGAINST DIGNITY AND REPUTATION
    ◼ THE TWO SPECIFIC OFFENCES THAT ARE GOING TO BE
    STUDIED THAT DEAL WITH CRIMES AGAINST THE
    DIGNITY AND REPUTATION OF A PERSON ARE:
    ◼ 1. CRIMEN INIURIA

    ◼ 2. CRIMINAL DEFAMATION

    IT IS IMPORTANT TO DISTINGUISH BETWEEN THESE 2


    CRIMES AS THEY ARE OFTEN CONFUSED WITH EACH
    OTHER.
    EACH OF THE TWO SPECIFIC OFFENCES OF CRIMEN
    INIURIA AND CRIMINAL DEFAMATION WILL BE
    DISCUSSED IN TERMS OF:
    1. DEFINITIONS
    2. ELEMENTS
    3. RELEVANT CASE LAW
    LEARNING UNIT 5: CRIMEN INIURIA

    DEF unlawful + intentional serious violation → dignity / privacy of another.

    ~ unlawful: #NOT triviality → S VSharp


    #only serious violations
    #Test for serious violation: subjective (how did victim feel)
    + objective ( will reasonable person feel violated?)
    #factors to ascertain unlawfulness … Momberg

    ~ Dignity = self-respect and mental tranquility (subjective attributes of a person’s


    personality.
    ~ Privacy = No need to prove that person was aware that privacy was violated.

    ~ Must victim be aware of violation?

    Dignity: Yes Privacy: No – S v Holliday.

    4
    5) CRIMEN INIURIA

    Def: THE UNLAWFUL, INTENTIONAL AND


    SERIOUS VIOLATION OF THE
    DIGNITY OR PRIVACY OF ANOTHER.

    Sec. 10 Sec. 14
    Crimen iniuria = COMMON LAW CRIME

    ELEMENTS:

     UNLAWFULNESS

    • Grounds of justification (official capacity)


    • Only serious violation = unlawful (objective test)
    • Everyday abuses – de minimus non curat lex
    (You are a pig/bitch)
    Factors to take into consideration in order to determine
    whether a violation was unlawful:

    • Time and place (In front of others / on duty)


    • Respective ages
    • Sex and social status (female/employee/employer)
    • The relationship between the accused and complainant
    (Strangers?)
    • The way in which the accused acted.
    (Tests used – subjective and objective.)
    (Momberg case – “Jou lae donnerse bliksem, ag fock-off jou lae
    bliksem – jy is laer as ‘n donnerse vark”)
     INTENTION
    ⬧ Any type of dolus = sufficient.

    1) Spit in face
    2) Expose
     VIOLATION 3) Sexually
    assault
    ▪ Can take place in various ways (verbally/conduct)
    ▪ Abusive language – usually suggestion of sexuality or
    Racism
    ▪ Sending indecent photos to someone , etc. (Peeping Tom)
     DIGNITY & PRIVACY
    • Dignitas refers to both terms
    • See descriptions in manual (respect, self-respect, value
    attached to your own life)

    • Dignity – the victim must by aware of violation


    (2 Exceptions: Children; mentally retarded)

    • Privacy – Victim does not have to be aware of


    violation (Peeping Tom / Listening-in device)
    LEARNING UNIT 5: CRIMINAL DEFAMATION

    DEF: unlawful + intentional publication of accusations → another: which seriously


    injures that person’s reputation.
    ~ Unlawful: general common law grounds of justification +
    special grounds of justification (3)
    ~ Publication = Must come to the attention of third persons.
    ~ violation of reputation = Exposing a person to hatred; diminish the esteem to which
    the person is held by others.
    S vHoho → Criminal defamation = is it a crime?
    → Criminal defamation = constitutional? Limit freedom of expression but…
    → must be serious injury of reputation?

    DISTINGUISH BETWEEN CRIMEN INIURIA + CRIMINAL DEFAMATION

    VIOLATE WHAT? Dignity/privacay Reputation

    VIOLATE HOW? Words / conduct Publication: known to other(s)


    10
    Unit 10 CRIMINAL DEFAMATION

    DEF: unlawful+intentional publication accusations→another:seriously injure reputation


    ~ Unlawful: general common law grounds of justification +
    special grounds of justification (3)
    ~ Publication =
    ~ violation of reputation =
    Hoho → C/D = a crime?
    → C/D = constitutional? Limit freedom of expression but…
    → must be serious injure of reputation?

    DISTINGUISH BETWEEN CRIMEN INIURIA + CRIMINAL DEFAMATION

    VIOLATE WHAT? Dignity / privacy Reputation

    VIOLATE HOW? No publication required by words/conduct Publication: known to other(s)

    11
    6) CRIMINAL DEFAMATION
    Def: The UNLAWFUL & INTENTIONAL
    PUBLICATION of MATTER
    CONCERNING ANOTHER
    WHICH TENDS
    SERIOUSLY to INJURE
    the OTHER PERSON’S
    REPUTATION.

    *Balance between sec. 10 &


    16 (Constitution)
    DISTINGUISH CRIMEN INIURIA FROM
    CRIMINAL DEFAMATION:

    CRIMINAL
    CRIMEN INIURIA
    DEFAMATION
    Dignity & privacy Reputation / fama
    Words or conduct Publication of accusations
    towards victim to others
    ELEMENTS:

     UNLAWFULNESS

    General grounds for justification often raised are, e.g.:


    ✓ Consent
    ✓ Necessity

    Special grounds for justification – EXCLUSIVE TO


    CRIMINAL DEFAMATION:
    THE DEFAMATORY PUBLICATION WAS
    THE TRUTH AND IN THE PUBLIC
    INTEREST.

    THE DEFAMATORY PUBLICATION BOILS


    DOWN TO REASONABLE COMMENTARY

    THE DEFAMATORY ALLEGATION IS MADE


    AT A PRIVILEGED OCCASION
     INTENT
    - Intent must be proved. (Animus iniuriandi)
    - Dolus eventualis is sufficient

     PUBLICATION
    o Publication of accusations must be made in:
     written, or
     verbal
    announcement to someone else.
     VIOLATION OF REPUTATION

    ✓ A person’s reputation or fama is violated when a


    publication exposes him to hatred, contempt or
    ridicule. (Diminish your esteem)
    THE END

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