Criminal negligence and mens rea : is the reasonable man test an unreasonable one?

 

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dc.contributor.author Louw, Ronald Hayward en_ZA
dc.date.accessioned 2016-02-29T11:58:13Z
dc.date.available 2016-02-29T11:58:13Z
dc.date.issued 1993 en_ZA
dc.identifier.citation Louw, R. 1993. Criminal negligence and mens rea : is the reasonable man test an unreasonable one?. University of Cape Town. en_ZA
dc.identifier.uri http://hdl.handle.net/11427/17317
dc.description Includes bibliographical references. en_ZA
dc.description.abstract In this essay I shall explore the various pertinent components of the test for criminal negligence paying particular attention to the issues raised above, namely, the pure objective test, the notion of the reasonable man, the relative objective test, circumstances external to the actor, and the subjective test. In doing so I shall critically consult and review the writings of various South African writers on the topic as well as the courts' handling of the test and its attendant practical and theoretical difficulties. For the sake of completeness and clarity certain other closely related issues will be explored, namely, whether the test for negligent delictual liability is applicable in criminal law, and the distinction between and nature of unlawfulness and mens rea in negligence crimes. These latter issues, which will not be developed as fully, serve as a necessary component of any discussion on the central question in this essay, namely, the justness and fairness of determining criminal negligence by means of the objective reasonable man test. en_ZA
dc.language.iso eng en_ZA
dc.subject.other Negligence, Criminal en_ZA
dc.subject.other Criminal intent en_ZA
dc.title Criminal negligence and mens rea : is the reasonable man test an unreasonable one? en_ZA
dc.type Master Thesis
uct.type.publication Research en_ZA
uct.type.resource Thesis en_ZA
dc.publisher.institution University of Cape Town
dc.publisher.faculty Faculty of Law en_ZA
dc.publisher.department Institute of Criminology en_ZA
dc.type.qualificationlevel Masters
dc.type.qualificationname LLM en_ZA
uct.type.filetype Text
uct.type.filetype Image
dc.identifier.apacitation Louw, R. H. (1993). <i>Criminal negligence and mens rea : is the reasonable man test an unreasonable one?</i>. (Thesis). University of Cape Town ,Faculty of Law ,Institute of Criminology. Retrieved from http://hdl.handle.net/11427/17317 en_ZA
dc.identifier.chicagocitation Louw, Ronald Hayward. <i>"Criminal negligence and mens rea : is the reasonable man test an unreasonable one?."</i> Thesis., University of Cape Town ,Faculty of Law ,Institute of Criminology, 1993. http://hdl.handle.net/11427/17317 en_ZA
dc.identifier.vancouvercitation Louw RH. Criminal negligence and mens rea : is the reasonable man test an unreasonable one?. [Thesis]. University of Cape Town ,Faculty of Law ,Institute of Criminology, 1993 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/17317 en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Louw, Ronald Hayward AB - In this essay I shall explore the various pertinent components of the test for criminal negligence paying particular attention to the issues raised above, namely, the pure objective test, the notion of the reasonable man, the relative objective test, circumstances external to the actor, and the subjective test. In doing so I shall critically consult and review the writings of various South African writers on the topic as well as the courts' handling of the test and its attendant practical and theoretical difficulties. For the sake of completeness and clarity certain other closely related issues will be explored, namely, whether the test for negligent delictual liability is applicable in criminal law, and the distinction between and nature of unlawfulness and mens rea in negligence crimes. These latter issues, which will not be developed as fully, serve as a necessary component of any discussion on the central question in this essay, namely, the justness and fairness of determining criminal negligence by means of the objective reasonable man test. DA - 1993 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 1993 T1 - Criminal negligence and mens rea : is the reasonable man test an unreasonable one? TI - Criminal negligence and mens rea : is the reasonable man test an unreasonable one? UR - http://hdl.handle.net/11427/17317 ER - en_ZA


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