Heavy Use Of Intoxicating Liquor andLegal Capacity to Commit Crimes
The south African Supreme Court of Appeal on 17 September states that: “The well-established general principle of our criminal law is entrenched in the maxim actus non facit reum, nisi mens sit rea: an act does not render a person criminally liable unless accompanied by the requisite fault. The form of fault (mens rea) required for criminal liability encompasses both intent (dolus) and negligence (culpa). Where an accused genuinely does not know or foresee the possibility that his or her conduct is unlawful, then he or she cannot be held to have the required guilty mind in the form of