Judgment No CCZ 2/14 6 Const. Application No CCZ 78/12 In my view, these submissions, which were not pursued with any vigour in oral argument, are flimsy and highly unpersuasive. The use of adjectives to define the constituent elements of criminal offences is commonplace and can hardly be regarded as being remarkable. To cite a few examples relating to the actus reus of various offences, there are the crimes of possessing an “offensive” or “dangerous” weapon, causing “serious” or “grievous” bodily harm, and committing “aggravated” indecent assault or theft in “aggravating” circumstances. The interpretation and application of any such defining epithet forms part of the daily diet of judicial officers in the lower courts. As I read it, the offence of criminal defamation is clearly formulated with sufficient precision in s 96 of the Criminal Law Code so as not to create any ambiguity or vagueness as to the conduct that is proscribed as being punishable. Moreover, the specific factors that may entail harm of a “serious” nature are succinctly articulated in s 96(2) to afford adequate guidance to the trial court in determining whether or not the alleged harm to a person’s reputation is sufficiently serious to constitute criminal defamation. These include the extent to which the accused has persisted with the defamatory allegations, the extravagance of the allegations, the nature and extent of the publication, and whether and to what extent the interests of the State or any community have been detrimentally affected thereby. Although these factors are not exhaustive, they tend to enhance rather than diminish the prospect of the accused receiving a fair trial.