Criminal negligence and mens rea : is the reasonable man test an unreasonable one?
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.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.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.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.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 |
dc.identifier.uri | http://hdl.handle.net/11427/17317 | |
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.language.iso | eng | en_ZA |
dc.publisher.department | Institute of Criminology | en_ZA |
dc.publisher.faculty | Faculty of Law | en_ZA |
dc.publisher.institution | University of Cape Town | |
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 | |
dc.type.qualificationlevel | Masters | |
dc.type.qualificationname | LLM | en_ZA |
uct.type.filetype | Text | |
uct.type.filetype | Image | |
uct.type.publication | Research | en_ZA |
uct.type.resource | Thesis | en_ZA |
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