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Criminal negligence and mens rea : is the reasonable man test an unreasonable one?
Includes bibliographical references.
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| Main Author: | |
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| Format: | Thesis |
| Language: | English |
| Published: |
Institute of Criminology
2016
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| _version_ | 1867613225338535936 |
|---|---|
| access_status_str | Open Access |
| author | Louw, Ronald Hayward |
| author_browse | Louw, Ronald Hayward |
| author_facet | Louw, Ronald Hayward |
| author_sort | Louw, Ronald Hayward |
| collection | Thesis |
| description | Includes bibliographical references. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/17317 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:32:45.765Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2016 |
| publishDateRange | 2016 |
| publishDateSort | 2016 |
| publisher | Institute of Criminology |
| publisherStr | Institute of Criminology |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/17317 Criminal negligence and mens rea : is the reasonable man test an unreasonable one? Louw, Ronald Hayward Negligence, Criminal Criminal intent Includes bibliographical references. 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. 2016-02-29T11:58:13Z 2016-02-29T11:58:13Z 1993 Master Thesis Masters LLM http://hdl.handle.net/11427/17317 eng application/pdf Institute of Criminology Faculty of Law University of Cape Town |
| spellingShingle | Negligence, Criminal Criminal intent Louw, Ronald Hayward Criminal negligence and mens rea : is the reasonable man test an unreasonable one? |
| thesis_degree_str | Master's |
| title | Criminal negligence and mens rea : is the reasonable man test an unreasonable one? |
| title_full | Criminal negligence and mens rea : is the reasonable man test an unreasonable one? |
| title_fullStr | Criminal negligence and mens rea : is the reasonable man test an unreasonable one? |
| title_full_unstemmed | Criminal negligence and mens rea : is the reasonable man test an unreasonable one? |
| title_short | Criminal negligence and mens rea : is the reasonable man test an unreasonable one? |
| title_sort | criminal negligence and mens rea is the reasonable man test an unreasonable one |
| topic | Negligence, Criminal Criminal intent |
| url | http://hdl.handle.net/11427/17317 |
| work_keys_str_mv | AT louwronaldhayward criminalnegligenceandmensreaisthereasonablemantestanunreasonableone |