Criminal Law

Topics: Law, Common law / Pages: 22 (5457 words) / Published: Aug 1st, 2013
ZIMBABWE INSTITUTE OF LEGAL STUDIES

DIPLOMA IN APPLIED LAW

Name: Laura Bandah

Reg. Number: Z120117K

Intake: August 2012, Semester 1

Course: Criminal Law and Statutory Offences

Course Code: CLSO 104

Tutor’s Name: Ms L. Mhuru Question: (a) The Zimbabwean law does not normally impose liability or failure to act despite the fact that there may be compelling moral justifications for doing so. For example, the courts have often explained that there is no legal duty upon a stranger to rescue a drowning child.
Consider whether the current legal principles governing omissions are satisfactory and state and explain types of situations where there will be a legal duty to act. [15] (b) Dr Rue the number one plastic surgeon in the country is charged with assault in terms of s 89 of the Criminal Law (Codification and Reform Act) Chapter 9:23. He finds himself in this situation because of the following rather unfortunate circumstances:

Early in April, Shelly a 22 year old Zimbabwe Institute of Legal Studies student who wanted to enter for Miss Harare beauty pageant approached him. She instructed him to operate her nose into a desired shape. He accepted the instructions and accordingly prepared the relevant papers. He informed her of all the risks involved and she duly signed the consent forms. He carried out the operation with the utmost due diligence. Unfortunately one tissue in Shelly’s nose was damaged beyond redemption. Her entire nose had to be amputated to avoid further complications.

Briefly discuss whether the accused’s criminal liability may be justified by consent.

Due Date: 14 September 2012
The Zimbabwean law does not normally impose liability or failure to act despite the fact that there may be compelling moral justifications for doing so. For example, the courts have often explained that there is no legal duty upon a stranger to rescue a drowning child.
Consider whether the current legal principles governing



Bibliography: [ 3 ]. 1991 (1) ZLR 227 (S). [ 6 ]. 1960 (1) SA 473 (FS) at 482. [ 8 ]. 1977 (2) RLR. [ 11 ]. 1994 (2) ZLR 410 (S). [ 12 ]. 1966 (2) SA 259 (A). [ 13 ]. 1988 (2) ZLR 402. [ 16 ]. L. Madhuku, An Introduction to Zimbabwean Law, Weaver Press (2010) at p2. [ 25 ]. 1927 CPD 16. [ 32 ]. 1977 (3) SA 628 (E). [ 34 ]. 1965 (4) SA. [ 36 ]. 2001 (1) SACR 156 (C). [ 39 ]. 1984 (1) ZLR. [ 41 ]. 1967 (1) SA 387 (A). [ 42 ]. Jonathan Burchell, Unravelling compulsion draws provocation and intoxication into focus(2001) 14 SACJ 365 [ 43 ] [ 45 ]. (1884) 14 QBD 273. [ 47 ]. 1972 (3) SA 1 (A). [ 55 ]. 1982 (3) SA 772 (A) [ 57 ]

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