Topic 3.4 Flashcards
(11 cards)
What is an error in objecto?
Mistake has the ability to negate fault, its a way to escape liability by showing the the accused can’t possibily have had the requisite culpa or dolus. This is because the knowledge component of intention must relate to the act, as well as of the unlawfulness of the act.
What are the two categories of mistake?
There are two categories of mistake:
- Mistake of fact
- Mistake of law
When is mens rea negated by mistake?
- Did not appreciate it was a human being he was killing (mistake of fact)
- Did not appreciate that his act would cause the death of a human being (forsight not extended far enough)
- Did not appreciate that the causing of death of that human being was unlawful in the circumstances (mistake of law)
What is counts as mistake of fact?
Because MR must extend to every element of the crime, only a genuine mistake that goes towards one of the essential elements of the crime (error in objecto) can negate fault.
What would we look at in order to determine if an accused has mens rea despite a mistake?
- If there is dolus - if the accused mistake excluldes the forsight of the possibility of the unlawful act. If yes then ther is no dolus
- If there is culpa - if a reasonable person in the accused position have forseen the possibilty of the unlawful act despite the mistake. If yes then there is negligence
When will mistake negate deploy intention?
A mistake will only deploy intention if the mistake makes foresight impossible (through a subjective inference), only a mistake relating to the act, the definitional elements and the unlawfulness may exclude intention. There will be no negligence if the unlawful act would not have been foreseen due to the mistake by a reasonable person
What was held in De Blom?
In De Blom, it was rejected that the notion that mistake of fact has to be reasonable to exclude intention
What was held in Nair?
In Nair, it was held that a mistake relating to the chain of causation as the precise way in which the victim would die is irrelevant and not material. The reason why it is not material is that the intention required in result crimes does not include knowledge of the precise time and way in which the result is brought about; all that is required is forseabiility that his act will cause the proscribed state of affairs.
When will a mistake of fact avail?
A mistake of fact will only avail an accused if it is a mistake relating to an essential element of the crime, this element willl differe from crime to crime
How did Mbombela relate to mistake?
In Mbombela, he lacked dolus eventualis in respect of his victim (because Mbombela
genuinely believed he was killing a tokoloshe) – he was mistaken as to whether he was killing a human being or not. This is a mistake of fact, as there is a essential element
What does Pistorius say about mistake of fact?
In Pistorius, he could not rely on mistake (the mistaken belief that he was killing a robber instead of Reeva) because both Reeva and a possible robber are human beings and
thus, the question is whether he believed he was killing the relevant human being lawfully
