Ignorance and Mistake in Criminal Law

Running Head: CRIMINAL LAW 0
TOPIC ON IGNORANCE AND MISTAKE
IN CRIMINAL LAW
South Africa

CRIMINAL LAW 1
The essay will research on the based chosen topic that is the rule dealing with the ignorance
of law which is considered no excuse in the aspect of criminal law. Instead, it must be
exercised in a manner that validates for the welfare and safety of the society along with the
state. It will further emphasize the principles of fairness and justice with relevance to the
maxim of ‘ignorantia legis neminem excusat’. In the end, the focus will critically analyze
upon the question that whether the principle adopted in De Blom will unjustifiably favour the
wrongdoer and the mistake of law should be a valid ground that negates the mens rea.
The rule relating to the ignorance of the law is no excuse is stated that the ignorance cannot
be applied as a defence because the violating of the laws and its consequences are very well
known by the individuals. The terms mistake and ignorance are not from the same
implication. When explaining the aspect of mistake that indicates the acceptance of the
knowledge but in a wrong manner. Then, the word ignorance is the complete absence of the
knowledge regarding any matter1. So, therefore the ideology and the reasoning behind the
maxim of ignorantia legis neminem excusat demonstrates that the ignorance of the system of
laws will not be considered as an excuse by any individual of the nation. The people of the
nation are supposed to have the knowledge of the law which is emerging from the aforesaid
statement. If the offender commits the crime and is punished for the same so, the fear in the
mind of the wrongdoer will reflect in decrease the crime rates. However, such severe
imposition of the penalty or the punishment will result in the well-being of the public and
ultimately protect the state.
In the case of Coetzee v Steenkamp2, it was determined by the court of law regarding the
practicing of illegal hunting is under the ignorance of the law. The damages and the injuries
caused in such circumstances cannot be ignored as this is a negligent culpability act. It was
also stated that no person can improve their situation by the method of a crime or by a way of
crime. So, it was further concluded that the plaintiff cannot utilize the ignorance of the law in
order to ignore the illegal hunting.
The maxim of ignorantia legis neminem excusat in regard to the principles of fairness and
justice which is stated that if any individual who is having no knowledge of the law but
cannot get away from the arising liability out of the wrongful act. It is also formed and
recognized by evaluating the concept of fairness and just in the criminal law where the
ignorance by the person is not determined by the act of proving his or her guilt but clearly it
is proved by the way of sentencing by the court of law. There can be an ignorance of the
factual circumstance by the person but not the ignorance of the law. Such an offence will not
be excusable by the law.
The practice will be justified in a situation where the murder of a person, the forced
intercourse or the burning of the premises cannot escape the ignorance of the law by the
offender3. There has to fair and just punishment towards the offender of the crime because by
the way of penalizing the convicted person all sorts of safety and reduction in the crime will
1 E.M. Burchell & Jonathan M. Burchell South African Criminal Law and Procedure: General principles of
criminal law, Volume 1 3 ed (1997) 383.
2 Coetzee v Steenkamp (579/2009) (2010) ZANCHC 25
3 Shannon Vaughn Hoctor Criminal law in South Africa 2 ed (2017) 282.