Quiz 5 6 July 2019 Criminal Law Questions and Answers PDF

lOMoARcPSD|24598590 Quiz 5 6 July 2019, questions and answers Criminal Law: Specific Crimes (University of South Africa) Scan to open on Studocu Studocu is not sponsored or endorsed by any college or university Downloaded by Akira Chetty (che...

lOMoARcPSD|24598590 Quiz 5 6 July 2019, questions and answers Criminal Law: Specific Crimes (University of South Africa) Scan to open on Studocu Studocu is not sponsored or endorsed by any college or university Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 CRW 2601 EXAM Question 1 (a) If X hires Z to murder Y and Z murders Y, Z is the indirect perpetrator (b) If X buys dagga for his own use and Y acts merely as interpreter to the transaction, Y can qualify as an accomplice (c) In Thebus 2003 (2) SACR 319 (CC) it was held that the only way in which a common purpose can be established is if there is proof of a prior agreement between two or more participants 1. Only statement (a) is correct 2. Only statement (b) is correct 3. Only statements (a) and (b) are correct 4. Only statements (b) and (c) are correct 5. Only statements (c) is correct Question 2 (a) The liability of an accessory after the fact, and an accomplice, is accessory in character. (b) Being an accessory after the fact completely overlaps with the crime known as defeating or obstructing the course of justice (c) A joiner-in is a person who actively associates herself with a common purpose to kill another, (Y), before the lethal wound is inflicted on Y. 1. Only statement (a) is correct 2. Only statement (b) is correct 3. Only statement (c) is correct 4. Only statements (a) and (b) are correct 5. All of these statements are correct Question 3 (a) In Davies 1956 (3) SA 52 (A) the court held that the commission of a “putative” crime is punishable as attempt (b) One reason that the law punishes anticipatory crimes can be found in the preventive theory of punishment (c) Attempt may be committed even where X’s actions amount to the mere preparation for a crime (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (c) is correct (4) Only statements (a) and (b) are correct (5) None of these statements is correct Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 Question 4 (a) X and Z can be convicted of the crime of conspiracy only if there is proof that they were in direct communication with each other (b) X can be convicted of incitement even if there is no proof that X had persuaded to commit the crime (c) The crime of corruption is committed only if the person to whom the benefit is offered is a public official (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (c) is correct (4) Only statements (b) and (c) are correct (5) None of these statements is correct Question 5 (a) The crime of public violence can only be committed by a number of persons acting with a common purpose (b) In the crime of perjury at common law, X will not be guilty of this crime if he makes a false statement under oath and thereafter acknowledges that he statement was false and tells the truth (c) Contempt of court may be committed where the press publishes information relating to the merits of a case which does not form part of the evidence while the case is still in progress (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (c) is correct (4) Only statements (a) and (c) are correct (5) None of these statements is correct Question 6 (a) The crime of rape is defined in section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 as “any person (x) who unlawfully and intentionally commits an act of sexual intercourse with a complainant (Y) without his/her consent is guilty of the offence of rape” (b) The Criminal Law (Sexual Offences and Related Matters ) Amendment Act 32 of 2007 makes provision for the situation that where X misleads Y with regard to the nature of an act of sexual penetration with X, Y’s consent will be deemed to be invalid and the crime of rape will be committed (c) In terms of section 3 of the Firearms Control Act 60 of 2000 and offence is committed if a person possesses a firearm without a license, permit or authorisation in terms of this Act. (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (c) is correct (4) Only statements (b) and (c) are correct (5) None of these statements is correct Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 Question 7 (a) In the case of common law abduction it is a requirement that the minor must be forcibly removed from the control of his or her parents or guardian (b) In the case of Mshumpa 2008 (1) SACR 126 (E) the court widened the crime of murder to include the killing of an unborn foetus (c) The crime of assault may even be committed where X inspires a belief in Y that force is immediately to be applied to her (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (c) is correct (4) Only statements (a) and (c) are correct (5) None of these statements is correct Question 8 (a) The crimes of assault and crimen iniuria are committed where X spits into Y’s face (b) In the crime of criminal defamation, the term “publication” means that the allegation must be in writing (c) X can only commit the crime of theft if he appropriates property which belongs to and is owned by Y (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (c) is correct (4) Only statements (a) and (b) are correct (5) Only statements (b) and (c) are correct Question 9 (1) In the crime of robbery where X threatens Y with violence if he does not hand over the property, it is not a requirement that there must be a causal link between the threats of violence and the acquisition of property (2) The crime of receiving stolen property overlaps with the crime of theft, as persons who are accessories after the fact to theft are usually regarded as perpetrators of theft (3) In the crime of fraud, it is a requirement that there must be a causal link between the misrepresentation and the prejudice (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (c) is correct (4) Only statements (b) and (c) are correct (5) All of these statements are correct Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 Question 10 (a) In the case of Heyne 1956 (3) SA 604 (A) it was decided that attempted fraud can be committed by X if the misrepresentation has not yet come to the attention of Y (the person against whom it is directed) (b) In order to be convicted of the crime of malicious injury to property, X must act with an evil or malicious motive (c) In the crime of housebreaking with intent to commit a crime it is a requirement that actual damage must be inflicted to the building or structure, or else X will only be convicted of attempted housebreaking with intent to commit a crime. (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (c) is correct (4) Only statements (a) and (b) are correct (5) None of these statements is correct Question 1 (a) An accomplice is a participant (b) An indirect perpetrator is regarded as an accomplice because he does not comply with all the requirements for liability set out in the definition of the crime (c) The liability of the accessory after the fact is accessory in character, but not that of the accomplice (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (c) is correct (4) Only statements (a) and (b) are correct (5) Only statements (a) and (c) are correct Question 2 (a) In South African la, a putative crime is not punishable (b) A putative crime is a crime which exists, but which X believes not to exist (c) In Schoombie 1945 AD 541, the Appeal Court confirmed X’s conviction of (completed) arson on the basis that X’s act qualified as an act of execution or consummation (1) Only statement (a) is correct (2) Only statements (a) and (b) are correct (3) Only statements (a) and (c) are correct (4) Only statement (c) is correct (5) None of these statements is correct Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 Question 3 (a) A common purpose of disturbing the public peace and order for the crime of public violence (b) It is not a requirement for the crime of defeating or obstructing the course of justice that a case must be pending (c) It is possible to convict a person of perjury at common law if, under oath and in the course of a legal proceeding, he speaks the truth while believing that he is telling a lie (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statements (a) and (b) are correct (4) Only statement (c) is correct (5) Only statements (a) and (c) are correct Question 4 (a) Only a declaration that is made under oath can lead to a conviction of perjury (b) X can be convicted of contempt of court if he unlawfully and intentionally falsely pretends to be an officer of the court, like an advocate or attorney (c) A reporter may be convicted of contempt of court if a reasonable person in his position could foresee that the information which he publishes might deal with a pending case (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (c) is correct (4) Only statements (a) and (b) are correct (5) Only statements (b) and (c) are correct Question 5 (a) In Williams 1980 (1) SA 60 (A) the court held that it is not possible to be an accomplice to murder (b) Attempted assault is possible (c) If X is charged with murder, but it cannot be proved that he had the necessary intention to murder, he will invariably be convicted of culpable homicide (1) Only statement (a) is correct (2) Only statements (b) and (c) are correct (3) Only statements (a) and (b) are correct (4) Only statement (b) is correct (5) Only statements (a) and (c) are correct Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 Question 6 (a) In Van Zyl 1993 (1) SACR 338 (C) the court held that the offence of pointing of an arm is committed only if the arm is pointed directly at the particular person in such a way that, if it were discharged, the bullet would strike that person (b) A person below the age of 16 years may possess an arm without a license with prior consent of the holder of a license to possess such firearm (c) It is not possible to convict X of robbery unless the property was on the victim’s person (1) Only statements (a) and (b) are correct (2) Only statements (b) and (c) are correct (3) Only statement (a) is correct (4) Only statement (b) is correct (5) Only statement (c) is correct Question 7 (a) Spitting in someone’s face can amount to both assault and crimen iniuria (b) X can be convicted of kidnapping if he unlawfully and intentionally deprives Y of her freedom of movement by locking her up in her own bathroom (c) X will be guilty of statutory abduction if he abducts a minor with the intention to marry her (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (c) is correct (4) Only statements (a) and (b) are correct (5) All of these statements are correct Question 8 (a) If a moveable, corporeal thing is set on fire unlawfully and intentionally, it amounts to arson (b) Every case of theft by false pretences involves fraud but every case of fraud does not involve theft by false pretences (c) It is required for the crime of fraud that there is a causal connection between the misrepresentation and the prejudice (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statements (a) and (b) are correct (4) Only statements (a) and (c) are correct (5) None of these statements is correct Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 Question 9 (a) For the purposes of the offence of unlawfully possessing drugs in contravention of section 4 of the Drugs and Drugs Trafficking Act 140 of 1992, to “possess” a drug means to possess the drug in the ordinary juridical sense of the word, or to keep, store or have in custody or under control or supervision such a drug (b) For possession of a dangerous or undesirable dependence-producing substance (such as dagga, heroin or mandrax), a court may impose any fine it deems fit to impose, or imprisonment for a period not exceeding 15 years, or both such fine and such imprisonment (c) In the case of Solomon 1986 (3) SA 705 (A) the Appeal Court held that a person who buys drugs for her own use does not commit an act amounting to dealing in drugs (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (c) is correct (4) None of these statements is correct (5) All the statements are correct Question 10 (a) Proof of sexual intercourse is required for a conviction of bigamy (b) If X is charged with contravening section 14(1) of the Sexual Offences Act 23 of 1957, which prohibits sexual intercourse with a girl under the age of 16 years, consent by the girl is not a defence;unless the girl led X to believe she was above the age of 16 (c) The crime of extortion is completed only once the benefit is handed over (1) Only statement (a) is correct (2) Only statements (a) and (b) are correct (3) Only statement (b) is correct (4) Only statements (b) and (c) are correct (5) None of the statements are correct Question 1 (a) A person may only be convicted of the crime of murder if he/she committed the crime with his/her own hands or body (b) The existence of a common purpose between two or more participants can only be proved on the basis of an expressed or implied prior agreement to commit an offence (c) If X, (a woman) ties Z (another woman) to a bed to make it possible for Y (a man) to rape Z, and Y in actual fact rapes Z, X may be convicted as a perpetrator of the crime of rape (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statements (a) and (c) are correct (4) None of the statements is correct (5) Only statement (c) is correct Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 Question 2 (a) In Davies 1956 (3) SA 52 (A) the Appeal court held that the commission of a socalled putative crime is nevertheless punishable as attempt (b) In order to be convicted of an attempt to commit a specific crime, negligence is a sufficient form of culpability (c) The act in the crime of conspiracy consists in the entering into an agreement to commit a crime or crimes (1) Only statement (a) is correct (2) Only statement (c) is correct (3) Only statements (a) and (c) are correct (4) Only statements (b) and (c) are correct (5) None of these statements is correct Question 3 (a) X ought to be convicted of incitement even if there is proof that the crime that he incited Y to commit, has indeed been committed (b) The crime of common-law perjury can only be committed if the particular statement is made orally (c) In statutory perjury the declaration must be made in the course of a legal proceeding (1) None of these statements is correct (2) Only statement (b) is correct (3) Only statements (a) and (c) are correct (4) Only statement (c) is correct (5) Only statement (a) is correct Question 4 (a) If X persuades Y, a witness in a trial, to give false evidence in court, X may be convicted of the crime of defeating or obstructing the course of justice (b) Laying a false criminal charge at the police against another person does not constitute the crime of defeating or obstructing the course of justice (or an attempt to commit it) (c) Contempt of court in facie curiae is punished solely to protect the dignity of the individual judicial officer who presides in the case (1) Only statement (c) is correct (2) Only statement (a) is correct (3) All the statements are correct (4) Only statement (b) is correct (5) Only statements (a) and (b) are correct Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 Question 5 (a) X cannot be convicted of the offence of corruption created in section 3 of the Prevention and Combating of Corrupt Activities Act 12 of 2004 if he/she had merely agreed to accept gratification unlawfully in the future (b) If X is charged with corruption in terms of the abovementioned provision (section 3 of Act 12 of 2004) and it appears at the trial that X had given gratification to Y in the belief that Y will give him a passport, but that Y is in actual fact not entitled to issue passports, this fact affords X a defence (c) A person used a police trap does not act unlawfully if he/she agrees to receive gratification from another person in order to trap that person into committing the crime of corruption (1) Only statement (a) is correct (2) Only statements (b) and (c) are correct (3) Only statements (a) and (c) are correct (4) None of these statements is correct (5) Only statement (c) is correct Question 6 (a) A person in a position of authority who knows or who ought reasonably to have known that certain crimes have been committed in terms of the Prevention and Combating of Corrupt Activities Act 12 of 2004 commits a crime if he/she fails to report this to a police officer (b) The benefit in extortion is limited to patrimonial benefit (c) The crime of extortion is completed the moment X intentionally exerts pressure on Y to hand over a benefit to him, irrespective of whether X has received the benefit or not (1) Only statement (a) is correct (2) None of the statements is correct (3) Only statements (a) and (b) are correct (4) Only statement (b) is correct (5) Only statement (c) is correct Question 7 (a) If X exercises control over Mandrax tablets on behalf of Y but has no intention of using the drugs personally, X cannot be convicted of the crime known as “use or possession of drugs” in terms of section 4 of the Drugs and Drugs Trafficking Act 140 of 1992. (b) In Prince v President, Cape Law Society 2002 (2) SA 794 (CC) the Constitutional Court ruled that section 4 of Act 140 of 1992 (which criminalises the possession of drugs) is unconstitutional because Rastafari who use and possess dagga only for religioys purposes, are also targeted in terms of this provision (c) Failing to report to the police that one is aware that somebody else possesses a firearm illegally, amounts to a crime in terms of the Firearms Control Act 60 of 2000 (1) Only statement (a) is correct (2) Only statement (c) is correct (3) Only statements (a) and (c) are correct (4) Only statement (b) is correct (5) Only statements (b) and (c) are correct Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 Question 8 (a) If X, 20-year old man, indecently exposes himself in front of a 13-year old firls, he may be convicted of a contravention of section 14 of the Sexual Offences Act 23 of 1957 (b) If X, a 20-year-old man, has sexual intercourse with a girl below the age of 12, he is guilty of rape irrespective of whether he was under the impression that the girl had consented to intercourse (c) If X, a 21-year-old man, has sexual intercourse with a 150year-old prostitute with her consent, he commits no offence (1) Only statements (a) and (b) are correct (2) None of the statements is correct (3) Only statement (a) is correct (4) Only statement (b) is correct (5) Only statements (b) and (c) are correct Question 9 (a) If X takes Y, a minor girl, to his house, has sexual intercourse with her and immediately (b) Assault may be committed even if there is no physical contact with or impact on the victim’s body (c) For a conviction of assault with the intent to cause grievous bodily harm, it is required that the victim had in actual fact suffered grievous bodily harm. (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statements (a) and (b) are correct (4) None of these statements is correct (5) Only statement (c) is correct Question 1 (a) An indirect perpetrator is a person who makes use of somebody else to commit a crime (b) Williams 1980 (1) SA 60 (A) is authority for the point of view that a person may be convicted as an accomplice to the crime of murder (c) A “joiner in” is a person who actively associated himself with the common purpose of others (to kill Y) at a time before the lethal wound had been inflicted upon Y. (1) Only statement (a) is correct (2) Only statements (a) and (b) are correct (3) Only statements (a) and (c) are correct (4) Only statement (b) is correct (5) All of these statements are correct Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 Question 2 (a) For a conspiracy to be punishable, an agreement between at least two persons to commit a crime is required (b) The purpose of the prohibition of incitement to commit a crime is to discourage people from seeking to influence others to commit crimes (c) The crime of public violence can be committed by an individual acting alone (1) Only statement (a) is correct (2) Only statements (a) and (c) are correct (3) Only statements (a) and (b) are correct (4) Only statements (b) and (c) are correct (5) Only statement (b) is correct Question 3 (a) The crime of common-law perjury is only committed if the false declaration is made in the course of a legal proceeding (b) Laying a false criminal charge against another may amount to the crime of defeating or obstructing the course of justice (or attempting to do so) (c) Fair comment on the outcome of a case or on the administration of justice in general does not constitute contempt of court (1) All these statements are correct (2) Only statements (a) and (b) are correct (3) Only statements (b) and (c) are correct (4) Only statement (a) is correct (5) Only statements (a) and (c) are correct Question 4 (a) Where an editor of a newspaper is charged with contempt of court on the ground of having published information in his newspaper concerning a pending case which tends to influence the outcome of the case, it is sufficient if the state proves culpability in the form of negligence (b) Unfair criticism of the South African Police Services by a newspaper reporter may amount to contempt of court (c) The reason for the existence of the crime of contempt of court is to protect the dignity of an individual (1) Only statement (b) is correct (2) Only statement (c) is correct (3) Only statement (a) is correct (4) Only statements (a) and (b) are correct (5) None of these statements is correct Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 Question 5 (a) The crime of extortion can only be committed by a public official (b) The benefit in extortion is limited to patrimonial benefit (c) The crime of extortion is completed the moment X intentionally exerts pressure on Y to hand over a benefit to him, irrespective of whether X has received the benefit or not (1) Only statement (c) is correct (2) Only statements (b) and (c) are correct (3) Only statement (a) is correct (4) Only statement (b) is correct (5) None of these statements is correct Question 6 (a) If X obtains drugs for her own personal use, she cannot be convicted of the crime known as “dealing in drugs” (b) Culpability in the form of intention is required for the offence of “dealing in drugs” (c) Corruption in its active form is completed only once X has given a benefit to another (1) Only statement (a) is correct (2) Only statements (a) and (b) are correct (3) All of these statements are correct (4) Only statements (a) and (c) are correct (5) Only statements (b) and (c) are correct Question 7 (a) A husband may not be convicted of raping his wife (b) If X, a twenty-two-year-old male, exposes himself indecently infront of a 13-year-old schoolgirl he may be convicted of a contravention of section 14 of the Sexual Offences Act 23 of 1957 (c) The crime of common-law abduction can only be committed by a male person. (1) Only statement (b) is correct (2) Only statement (c) is correct (3) Only statement (a) is correct (4) Only statements (a) and (b) are correct (5) None of these statements is correct Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 Question 8 (a) In A 1993 (1) SA 600 (A) the court held that because urine is not a poisonous or danagerous substance, X cannot be convicted of assault if he forces Y to drink his own (b) The crime of indecent assault cannot be committed by a female (c) X may only be convicted of assault with the intent to do grievous bodily harm if the victim had in fact been seriously injured (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statatement (c) is correc t (4) None of these statements is correct (5) Only statements (a) and (c) are correct Question 9 (a) A person cannot be convicted of theft in respect of property which belongs to him-or-herself (b) An intention to acquire a benefit is a requirement for the crime of theft (c) To listen to another person’s private telephone conversations by means of an electronic bugging device amounts to the crime of criminal defamation (1) Only statement (b) is correct (2) Only statement (c) is correct (3) Only statement (a) is correct (4) None of these statements is correct (5) Only statements (a) and (b) are correct Question 10 (a) It is not required for robbery that the property should necessarily be on the person of the victim or his presence when the violence takes place (b) The misrepresentation required for the crime of fraud may consist in an omission (c) If X breaks into a motor car with the intent to steal a car radio, he may be convicted of the crime of housebreaking with intent to commit a crime (1) Only statements (a) and (c) are correct (2) Only statements (b) and (c) are correct (3) Only statement (c) is correct (4) Only statements (a) and (b) are correct (5) All these statements are correct Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 Question 1 (a) For the crime of terrorism, a specific intention is required which has two components (b) Criticising the prosecution in a criminal case constitutes the crime of contempt of court (c) For the crime of scandalising the court to be committed, it must be likely that the publication can bring the administration of justice through the courts into disrepute (1) Only statement (a) is correct (2) Only statements (a) and (b) are correct (3) Only statements (a) and (c) are correct (4) Only statement (b) is correct (5) Only statement (c) is correct Question 2 (a) If someone corrupts a judicial officer, the conduct can be punished as both corruption and contempt of court (b) If X threatens to sue Y if Y does not pay back the money he owes him (X), and Y indeed complies as he fears the legal costs, X can be convicted of extortion (c) Although section 91(1) of the firearms control Act 60 of 2000 provides that the holder of a licence to possess a firearm may not possess more than 200 cartridges for each firearm in respect of which he holds a license, it provides that a member of the South African Police Service may possess more cartridges than stipulated (1) Only statement (a) is correct (2) Only statement (a) and (b) are correct (3) Only statement (b) is correct (4) Only statement (a) and (c) are correct (5) Only statement (c) is correct Question 3 (a) A train is considered a ‘vehicle’ in terms of the National Road Traffic Act 93 of 1996 (b) The crime of inconsiderate driving can be committed whether other road-users are present on the road at the time or not (c) Automatism caused by voluntary intoxication constitutes a valid defence on a charge of drunken driving if the accused complies with the requirement of negligence (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (c) is correct (4) All these statements are correct (5) None of the statements is correct Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 Question 4 (a) If Y is mislead by X that performing oral sex on him (X) will cure her (Y) of her sinus problems, X can be guilty of rape as there is no valid consent (b) The Criminal Law (Sexual offences and Related Matters) Amendment Act 32 of 2007 repealed the common law offences of indecent assault and replaced it with a statutory offence of sexual assault (c) For the crime of compelled rape, X must compel Y unlawfully and intentionally to commit an act of sexual penetration with Z, provided that Y as well as Z did not consent to the act (1) Only statement (b) is correct (2) Only statements (b) and (c) are correct (3) Only statement (c) is correct (4) Only statements (a) and (b) are correct (5) All these statements are correct Question 5 (a) If X performs an act of sexual penetration with Y, his 17-year –old adoptive daughter, with her consent, X commits the crime of incest (b) If X receives money from hiring out her 16-year-old daughter, Y, to an escort agency where she knows that Y is performing sexual acts with the clients, X is guilty of benefiting from the sexual exploitation of a child (c) Any person who has knowledge that a sexual offence has been committed against a child, must report such knowledge immediately to a police official. Failure to do so constitutes a crime (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (c) is correct (4) All these statements are correct (5) None of the statements is correct Question 6 (a) The act of assault may take the form of application of force to the person (body) of Y, and also in inspiring fear in Y that force is immediately to be applied to him (b) The “grievous bodily harm” in the crime of assault with intent to do grievous bodily harm need not be of a serious or dangerous nature (c) X practices his archery skills by trying to shoot an apple off his son’s head. Unfortunately, the arrow hits and kills his son instantly. As X had no intent to kill his son, X may be convicted of culpable homicide because he was negligent (1) All the statements are correct (2) Only statements (a) and (b) are correct (3) Only statement (a) is correct (4) Only statements (b) is correct (5) Only statement (c) is correct Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 Question 7 (a) If X exposes his private parts to Y who is 17 years old, (without Y’s consent), X commits the offences of flashing (exposing or display of genitals organs, anus or female breasts to children) and crimen iniuria (b) A violation of reputation as in the crime of criminal defamation always involves two parties. (c) X’s act of sending a drone to spy on Y while she is in the privacy of her house may constitute the crime of crimen iniuria (1) Only statement (a) is correct (2) Only statements (a) and (b) are correct (3) Only statements (a) and (c) are correct (4) Only statements (b) and (c) are correct (5) All the statements are correct Question 8 (a) In the crime of abduction, the unmarried minor needs not be forcibly removes from the control of his or her parents or guardian (b) The different forms of theft are completed theft, embezzlement and arrogation of possession (c) In Gardener 2011 (1) SACR 570 SCA, the court upheld the conviction for fraud as the two chief executive officers withheld information material to the affairs of their company from the board of directors (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (c) is correct (4) Only statements (a) and (c) are correct (5) All the statements are correct Question 9 (a) Forgery is a form of fraud in which the misrepresentation takes place by means of forgery (b) If X makes a false representation that he has a valid train ticket whereas he does not, real prejudice is caused to Transnet (c) Spraying a national statue with spray paint constitutes the crime of malicious injury to property (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (c) is correct (4) Only statements (b) and (c) are correct (5) All the statements are correct Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 Question 10 (a) For the crime housebreaking with intent to commit a crime , the requirement that an obstacle that forms part of the building must be removed to constitute “breaking”, is complied with if X merely pushes open a partially closed window (b) A factory qualifies as a structure in respect of which the crime of housebreaking with intent to commit a crime can be committed (c) The property in the crime of receiving stolen property can only be moveable corporeal property in commercio (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (c) is correct (4) Only statements (b) and (c) are correct (5) All the statements are correct Question 1 (a) The crime of crimen iniuria always involves some measure of sexual impropriety (b) Criminal defamation protects a person’s dignity (c) If X, a divorced father, removes his child from the care of the mother, Y, to whom the court has awarded custody and control, without Y’s consent, X does not commit the crime of kidnapping (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statements (a) and (b) are correct (4) Only statement (c) is correct (5) Only statements (b) and (c) are correct Question 2 (a) The crime of common-law abduction can only be committed by a male person (b) It is required for the crime of abduction that X’s intent must be to have sexual intercourse with Y (the minor) or to allow any other person to have sexual intercourse with Y (c) Theft can only be committed in respect of moveable, corporeal property that is available in commerce, and belongs to somebody else (1) Only statement (a) is correct (2) Only statements (a) and (c) are correct (3) Only statement (b) is correct (4) Only statements (b) and (c) are correct (5) Only statement (c) is correct Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 Question 3 (a) If X does not have the intention to deprive Y permanently of his property, he cannot be convinced of theft (b) In order to be convicted of robbery, there need not be actual violence against the victim, because mere threats of physical violence are sufficient (c) Where X steals property from Y, and only after the theft uses violence to prevent Y from regaining his property, X cannot be convicted of robbery (1) Only statement (a) is correct (2) Only statement (c) is correct (3) All of the statements are correct (4) Only statements (a) and (b) are correct (5) Only statements (a) and (c) are correct Question 4 (a) X cannot be convicted of the crime of receiving stolen property, knowing it to have been stolen, if she received the property with the intention of keeping it merely temporarily for somebody else. (b) In the decision of Heyne 1956 (3) SA 604 (A) the court held that, because of the wide interpretation of the prejudice requirement in the crime of fraud, attempted fraud is possible. (c) The prejudice required for a conviction of fraud must be of a patrimonial nature (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statements (a) and (b) are correct (4) None of these statements is correct (5) Only statements (b) and (c) are correct Question 5 (a) A person does not commit the crime of malicious injury to property if he kills or wounds an animal belonging to another person (b) If X puts fire to his taxi, destroying it, in order to claim the value of his taxi from his insurance company, he is guilty of arson (c) Merely pushing open a door which has been closed, although not locked, and then walking into the house can never amount to “breaking” for the purposes of the crime of house breaking with intent to commit a crime (1) None of these statements is correct (2) Only statements (a) and (b) are correct (3) Only statement (a) is correct (4) Only statement (b) is correct (5) Only statement (c) is correct Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 Question 1 (2015 Oct/Nov) (a) An act which is calculated to cause the serious disruption of a banking service is included in the definition of ‘terrorist activities’ as defined in section 1 by the Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004 (b) Dolus eventualis is an insufficient form of intention in the crime of terrorism (c) Compulsion is a ground of justification to the crime of terrorism (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statements (a) and (b) are correct (4) Only statements (a) and (c) are correct (5) All the statements are correct Question 2 (a) The crime of public violence may also be committed in a private place (b) No actual disturbance of the public peace and order, or no actual infringement of the rights of another is required for the crime of public violence to be committed (c) The crime of public violence is committed by participants who must act in concert (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (c) is correct (4) Only statements (a) and (c) are correct (5) All the statements are correct Question 3 (a) Because potential prejudice is sufficient to constitute fraud, it is not possible to be convicted of attempted fraud (b) In the crime of fraud, misrepresentation may only be done by a positive act (c) Fair comment on the outcome of a case or on the administration of justice in general does not constitute contempt of court (1) None of the statements is correct (2) Only statements (a) and (b) are correct (3) Only statement (b) is correct (4) Only statement (c) is correct (5) Only statements (a) and (c) are correct Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 Question 4 (a) Common law abduction can also be committed in respect of a minor male person (b) In order to be convicted of common law abduction, the prosecution must prove that X in fact married the minor or had sexual intercourse with the person (c) Murder is legally defined as the unlawful killing of another human being which includes the killing of a foetus (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statements (a) and (b) are correct (4) Only statements (a) and (c) are correct (5) All these statements are correct Question 5 (a) X cleans his revolver but does not know that there is a bullet in one of the chambers thinking that there are no bullets in the revolver, he points the gun at Y and pulls the trigger. The gun goes off and Y is killed by the gunshots X will be convicted of murder because he was negligent (b) The speed limit on a public road outside an urban area is 120km/h (c) The crime of driving with excessive alcohol in the blood can also be committed if one is not driving but is merely occupying the driver’s seat of a car whilst the engine is running, and whilst having a concentration of alcohol in the blood of 0 05 grams per 100millilitres or more (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (c) is correct (4) Only statements (a) and (b) are correct (5) All the statements are correct Question 6 (a) Reckless driving incudes inconsiderate driving which might give rise to a risk of harm to others (b) Police officer who responds to an emergency and causes a motor vehicle collision while crossing a red robot can never be convicted of negligent driving (c) The crime of inconsiderate driving can be committed negligently or where there are no other road users present (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statements (a) and (b) are correct (4) Only statements (a) and (c) are correct (5) Only statements (b) and (c) are correct Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 Question 7 (a) In the case of S v Nkosi 2012 (1) SACR 87 (GNP) it was held that the mere assumption of control over property which belongs to someone else is insufficient for the crime of attempted theft (b) If X assists Y to commit suicide (mercy killing) he will not be convicted of the crime of murder under South African Law (c) The building or structure required in the crime of housebreaking with intent to commit a crime may only be an immovable structure which is or might ordinarily be used for human habitation (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statements (a) and (c) are correct (4) All these statements are correct (5) None of the statements is correct Question 8 (a) Crimen iniuria always involves at least three parties (b) The uttering of words constitution vulgar abuse may constitute the crime of crimen iniuria (c) Culpability in the form of negligence is sufficient for the crime of assault (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statements (a) and (b) are correct (4) Only statements (a) and (c) are correct (5) All the statements are correct Question 9 (a) For a conviction of assault with the intent to cause grievous bodily harm, it is not required that the victim had in actual fact suffered grievous bodily harm (b) X can only be convicted for the crime of assault if the state proves that X applied force to Y’s body directly (c) It is a requirement for the crime of receiving stolen property that X must touch the property in order to qualify as an act of receiving (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statements (a) and (b) are correct (4) Only statements (a) and (c) are correct (5) All the statements are correct Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 Question 10 (a) The threat of violence in the crime of robbery must always be expressly uttered to satisfy a conviction of robbery (b) If X assaults Y and after Y falls to the ground, X sees Y’s valuable watch and takes it for himself, X is guilty of robbery (c) The crime of malicious injury to property cannot be committed in respect of immovable property (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statements (a) and (b) are correct (4) All the statements are correct (5) None of the statements is correct Question 5 (a) Public violence is a crime committed with common purpose (b) The false declaration made under oath in the crime of common-law perjury must be subjectively false (c) The crime of defeating or obstructing the course of justice may be committed even though there is no pending case (1) Only statements (a) and (c) are correct (2) Only statement (a) is correct (3) Only statements (a) and (b) are correct (4) Only statement (c) is correct (5) All the statements are correct Question 6 (a) Mere criticism of the prosecution in a criminal case will be sufficient to establish contempt of court ex facie curiae (b) If one loudly sings praise songs in courtroom after being acquitted at the end of a trial, one cannot be convicted of contempt of court in facie curiae, as there was no intent to violate the dignity of the court (c) For the crime of scandalising the court to be committed, it must be likely that the publication can bring the administration of justice through the courts into disrepute (1) None of the statements is correct (2) Only statements (a) and (b) are correct (3) Only statement (a) is correct (4) Only statements (b) and (c) are correct (5) Only statement (c) is correct Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 Question 7 (a) A person used as police trap does not commit the crime of corruption if he agrees to receive gratification from another person in order to trap that person into committing corruption (b) If someone corrupts a judicial officer, the conduct can be punished as both corruption and contempt of court (c) Although section 91(1) of the firearms control act 60 of 2000 provides that the holder of a license to possess a firearm may not possess more than 200 cartridges for each firearm in respect of which he holds a license, it provides that a dedicated sports person may possess more cartridges than stipulated (1) Only statement (b) is correct (2) Only statements (a) and (b) are correct (3) Only statement (c) is correct (4) Only statements (a) and (c) are correct (5) All of the statements are correct Question 8 (a) If Y is misled by X that having sexual intercourse with him (X) will cure her (Y) of her infertility, X can be guilty of rape as there is no valid consent (b) Common-law abduction protects the rights of parents to consent to the marriage of their minor children, as well as to exercise control over where they stay (c) According to Chretien 1981 (1) SA 1097 (A), intoxication may lead to X’s lacking the intention to assault, in which case X must be found not guilty of the crime of assault (1) Only statement (b) is correct (2) Only statements (b) and (c) are correct (3) None of the statements is correct (4) Only statement (a) is correct (5) Only statements (a) and (b) are correct Question 9 (a) If X attempts to assault Y but his blow misses Y, he (X) can be guilty of completed assault provided he intentionally inspired a belief in Y that force was immediately to be applied to him (b) Y’s right to dignity can be infringed even without Y’s being aware of the infringement (as where X watches Y undressing) (c) The violation of Y’s dignity is more serious if she is insulted by a stranger, than when she is insulted by her husband or boyfriend during the course of a domestic argument (1) None of the statements is correct (2) Only statements (b) is correct (3) Only statements (a) and (c) are correct (4) Only statement (a) is correct (5) Only statement (c) is correct Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 Question 10 (a) If X, intending to steal a chocolate in a self-service shop, conceals it in her handbag but is apprehended with the article before leaving the shop, she may be found guilty of attempted theft only as she is still in the shop (b) If X steals something from Y, and then uses violence to retain the property, X does not commit robbery but the crimes of theft and assault (c) In the crime of robbery where X threatens Y with violence if he does not hand over the property, it is not a requirement that there must be a causal link between the threats of violence and the acquisition of property (1) None of the statements is correct (2) Only statement (b) is correct (3) Only statement (a) is correct (4) Only statement (c) is correct (5) Only statements (a) and (b) are correct Question 1 (Oct/Nov 2017) (a) “Terrorist activities” prohibited in section 1 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004 may consist of any act which causes serious risk to the health or safety of the public (b) “Terrorist activities” as in the above-mentioned Act must be performed with a defined culpability (c) The interests protected by the crime of terrorism are the safety and security of the Republic, its institutions and people (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (c) is correct (4) Only statements (a) and (c) are correct (5) All these statements are correct Question 2 (a) For the crime of statutory perjury, the statements must be made in writing in the course of legal proceedings (b) A Legal representative, who, in the course of argument, makes a false declaration to the court, can be charged with common law perjury (c) If X persuades Y, a witness in a trial, to give false evidence in court, X may be convicted of the crime of defeating or obstructing the course of justice (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (c) is correct (4) Only statements (a) and (b) are correct (5) Only statements (b) and (c) are correct Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 Question 3 (a) X can be convicted of the offence of corruption created in section 3 of the Prevention and Combating of Corrupt Activities Act 12 of 2004 if he had merely agreed to accept gratification unlawfully in the future (b) X can be convicted of corruption even if the person to whom he had offered the benefit was a police trap who had no intention of keeping the benefit to himself (c) The crime of corruption is completed only once the benefit is handed over (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (c) is correct (4) Only statements (a) and (b) are correct (5) Only statements (b) and (c) are correct Question 4 (a) If X exercises control over ecstasy tablets on behalf of Y but has no intention of using the drugs personally, X cannot be convicted of the crime known as “use or possession of drugs” in terms of section 4 of the Drugs and Drugs Trafficking Act 140 of 1992 (b) The mental element of possession in the above-mentioned Act relates to the intention with which somebody exercises control over an article (c) If X buys dagga from Y with purpose of smoking it himself, he cannot be found guilty of the offence of dealing in drugs (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (c) is correct (4) Only statements (a) and (b) are correct (5) Only statements (b) and (c) are correct Question 5 (a) The Firearms Control Act 60 of 2000 makes it punishable to be aware that somebody else possesses a firearm unlawfully and then fail to report this to the police (b) The crime of unlawfully possessing a firearm is defined in the Firearms Control Act 60 of 2000 in such a way that X commits the crime only if he exercises control over the weapon with the intention of possessing it as an owner for his own benefit (c) A person may lawfully possess ammunition even if he does not have a license in respect of the firearm capable of discharging that ammunition (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (c) is correct (4) All these statements are correct (5) None of the statements is correct Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 Question 6 (a) The National Road Traffic Act 93 of 1996 provides that no person shall drive a vehicle on a public road outside an urban area at a speed in excess of 80km/h (b) The definition of “driver” in the above-mentioned Act does not include persons who rides or attempt to ride any pedal cycle (c) Only SAPS members are permitted to exceed the general speed limit in terms of section 60 of the Act (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (c) is correct (4) All these statements are correct (5) None of the statements is correct Question 7 (a) Reckless driving includes inconsiderate driving which might give rise to a risk of harm to others (b) The interest protected by the crime of negligent driving is the safety of the public using the roads (c) An intoxicated person sitting behind the steering wheel of a stationary vehicle which has its engine running may not be found guilty of a contravention of the offence driving under the influence of alcohol or drugs (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (c) is correct (4) Only statements (a) and (b) are correct (5) Only statements (b) and (c) are correct Question 8 (a) The offence of pointing of a firearm in the Firearms Control Act 60 of 2000 may overlap with the crime of assault in the form of inspiring fear of immediate personal violence (b) In order to secure a conviction for pointing of a firearm, the state needs to prove that the firearm was capable of firing a shot (c) If X presses a water pistol against the body of Y, and Y thinks it is a real gun, X may be charged with the unlawful pointing of a firearm (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (c) is correct (4) Only statements (a) and (b) are correct (5) Only statements (a) and (c) are correct Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 Question 9 (a) It is not required for robbery that the property should necessarily be on the person of the victim or in his presence when the violence takes place (b) X assaults Y. His intention, at that moment, is merely to assault Y. After having knocked him unconscious, X sees Y’s watch, decides to take the watch and in fact does so. X can be convicted of robbery (c) X cannot be convicted of the crime of receiving stolen property, knowing it to have been stolen, if she received the property with the intention of keeping it merely temporarily for somebody else (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (c) is correct (4) Only statements (a) and (b) are correct (5) Only statements (a) and (c) are correct Question 10 (a) Forgery is a form of fraud (b) The reason why the word “malicious” appears in the crime “malicious injury to property” is that this crime can be committed only if X had an evil motive when he damaged the property (c) Stretching one’s arm through an open hole in a wall of a building does not amount to “breaking in” in the crime of housebreaking with intent to commit a crime (1) Only statement (a) is correct (2) Only statements (a) and (b) are correct (3) Only statements (a) and (c) are correct (4) Only statements (b) and (c) are correct (5) None of the statements is correct Question 1 (Oct/Nov 2016) (a) In the crime of terrorism, the interests protected are the safety and security of the Republic, its institutions and people (b) For the crime of terrorism, a specific intention is required which has two components (c) Public violence can be committed by an individual alone (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statements (a) and (b) are correct (4) Only statements (a) and (c) are correct (5) All the statements are correct Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 Question 2 (a) Proof of mere presence at the scene of the crime is sufficient to be found guilty of public violence (b) The status of the participants is one of the factors examined in order to determine whether or not the act of public violence can be classified as serious (c) A witness who intentionally makes a false statement in the course of a legal proceeding commits perjury even if his statement is not under oath, but merely made after an affirmation to speak the truth or after being warned to speak the truth (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (c) is correct (4) Only statements (b) and (c) are correct (5) None of the statements is correct Question 3 (a) Contempt ex facie curiae concerns acts which refer to pending and non-pending cases (b) The crime of defeating the course of justice is only committed where it is proved that as a result of the conduct of the accused, an innocent person has been convicted or a guilty one discharged (c) Defeating or obstructing the course of justice may be committed by either a positive act or an omission (1) All statements are correct (2) Only statements (a) and (b) are correct (3) Only statement (b) is correct (4) Only statement (c) is correct (5) Only statements (a) and (c) are correct Question 4 (a) In the crime of statutory perjury both the statements made under oath need to be made in the course of a judicial proceeding (b) One of the categories of specified persons whose corrupt activities are criminalised by the Prevention and Combating of Corrupt Activities Act 12 of 2004 are agents (c) In the crime of corruption, no distinction is made between the main crime on the one hand, and conspiracy or incitement to commit the main crime on the other (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (a) and (b) are correct (4) Only statements (b) and (c) are correct (5) All these statements are correct Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 Question 5 (a) In the instance where X unlawfully acquires property from Y by bringing pressure in the form of a threat of physical violence to Y himself, extortion and robbery overlap (b) If X obtains drugs for her own personal use, she can be convicted of the crime known as “dealing in drugs” (c) The Firearms Control Act 60 of 2000 draws a distinction between “firearms”, “prohibited firearms” and “weapons of war” (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (c) is correct (4) Only statements (b) and (c) are correct (5) All the statements are correct Question 6 (a) Road traffic offences fall under crimes against public welfare (b) A person pushing his vehicle by exercising control over the steering wheel and handbrake from outside the vehicle is “driving” the vehicle in terms of the National Road Traffic Act 93 of 1996 (c) Any person who drives a vehicle in wilful or wanton disregard for the safety of persons or property is guilty of inconsiderate driving (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statements (a) and (c) are correct (4) Only statements (b) and (c) are correct (5) Only statements (a) and (b) are correct Question 7 (a) “Sexual violation” is widely defined in terms of section (1) if the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2003 so as to include not only the actual act of X whereby he or she makes direct or indirect contact with the body of another, but also any act whereby he or she causes such contact (b) A person commits the crime of sexual grooming of a child over the internet if he or she invites the child by e-mail to travel with him/her in order to commit a sexual act with the child (c) If X is charged with murder but lacked the necessary intention to murder because of intoxication, the crime is not automatically reduced from murder to culpable homicide (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statements (a) and (c) are correct (4) All these statements are correct (5) None of the statements is correct Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 Question 8 (a) A conviction of assault with intent to do grievous bodily harm is only possible where Y (the victim) in fact sustained grievous bodily harm (b) Assault can be described as an iniuria against the physical integrity of another (c) In order to secure a conviction for the crime of pointing a firearm, the state must prove that the firearm was loaded, and that it was capable of firing a shot (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statements (a) and (b) are correct (4) Only statements (a) and (c) are correct (5) All the statements are correct Question 9 (a) The requirement of publication in the crime of criminal defamation mean that the allegations should have been made public in printed form (b) The interests protected by the crime of abduction are the interest of the minor and parents’ or guardian’s right to consent to the minor’s marriage (c) If X abducts Y (a minor) and demands a ransom for her (Y’s) release, X will be guilty of kidnapping only (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statement (a) and (b) are correct (4) Only statements (a) and (c) are correct (5) None of the statements are correct Question 10 (a) Any person, who assist a thief by hiding property after he (the thief) has stolen such property, is not regarded as an accessory after the fact but a co-perpetrator to the crime of theft (b) If X sets fire to his own insured car in order to claim its value from the insurer, he commits the crime of arson (c) Merely pushing open a door which has been closed, although not locked, and when walking into the house can never amount to “breaking” for the purposes of the crime of housebreaking with intent to commit a crime (1) Only statement (a) is correct (2) Only statement (b) is correct (3) Only statements (a) and (b) are correct (4) All the statements are correct (5) None of the statements is correct Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 CRW2602 EXAM PACK Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 THIS PAPER CONSISTS OF SEVEN (7) PAGES PLUS INSTRUCTIONS FOR COMPLETION OF A MARK READING SHEET. THE QUESTIONS IN THIS PAPER COUNT HUNDRED (100) MARKS. THE PAPER CONSISTS OF TWO PARTS, MARKED A AND B. YOU MUST ANSWER BOTH PARTS A AND B. PART A CONSISTS OF TEN (10) MULTIPLE CHOICE QUESTIONS. EACH QUESTION COUNTS THREE (3) MARKS, WHICH MEANS THAT THE QUESTIONS IN PART A COUNT A TOTAL OF THIRTY (30) MARKS. IN PART B, THE ANSWERS TO THE QUESTIONS MUST BE WRITTEN IN THE EXAMINATION ANSWER BOOK ITSELF. THE QUESTIONS IN PART B COUNT SEVENTY (70) MARKS. PART A (MULTIPLE CHOICE QUESTIONS) IMPORTANT NOTICE. THE QUESTIONS IN THIS PART HAVE TO BE ANSWERED ON THE MARK READING SHEET, WHICH WILL BE ISSUED WITH YOUR EXAMINATION ANSWER BOOK. YOU HAVE TO READ THE INSTRUCTIONS IN CONNECTION WITH THE USE OF THE MARK READING SHEET CAREFULLY. FAILURE TO DO SO MAY MEAN THAT YOUR ANSWERS CANNOT BE MARKED BY THE COMPUTER. Ten questions (marked 1 - 10) follow. Each question contains three statements (marked (a)- (c)). Some of the statements are correct and some are incorrect. You must decide which of these statements is/are correct. The three statements are followed by five allegations (marked (1) - (5)). Each of them alleges that a certain statement or combination of statements is correct. You must decide which allegation accurately reflects the conclusions to which you have come. 4 Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 CRW2602/102 QUESTION 1 (a) “Terrorist activities” prohibited in section 1 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004 may consist of any act which causes serious risk to the health or safety of the public. (b) “Terrorist activities” as in the above-mentioned Act must be performed with a defined culpability. (c) The interests protected by the crime of terrorism are the safety and security of the Republic, its institutions and people. (1) Only statement (a) is correct. (2) Only statement (b) is correct. (3) Only statement (c) is correct. (4) Only statements (a) and (c) are correct. (5) All these statements are correct. QUESTION 2 (a) For the crime of statutory perjury, the statements must be made in writing in the course of legal proceedings. (b) A legal representative, who, in the course of argument, makes a false declaration to the court, can be charged with common law perjury. (c) If X persuades Y, a witness in a trial, to give false evidence in court, X may be convicted of the crime of defeating or obstructing the course of justice. (1) Only statement (a) is correct. (2) Only statement (b) is correct. (3) Only statement (c) is correct. (4) Only statements (a) and (b) are correct. (5) Only statements (b) and (c) are correct. QUESTION 3 (a) X can be convicted of the offence of corruption created in section 3 of the Prevention and Combating of Corrupt Activities Act 12 of 2004 if he had merely agreed to accept gratification unlawfully in the future. (b) X can be convicted of corruption even if the person to whom he had offered the benefit was a police trap who had no intention of keeping the benefit for himself. (c) The crime of corruption is completed only once the benefit is handed over. (1) Only statement (a) is correct. (2) Only statement (b) is correct. (3) Only statement (c) is correct. (4) Only statements (a) and (b) are correct. (5) Only statements (b) and (c) are correct. 5 Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 QUESTION 4 (a) If X exercises control over ecstasy tablets on behalf of Y but has no intention of using the drugs personally, X cannot be convicted of the crime known as “use or possession of drugs” in terms of section 4 of the Drugs and Drugs Trafficking Act 140 of 1992. (b) The mental element of possession in the above-mentioned Act relates to the intention with which somebody exercises control over an article. (c) If X buys dagga from Y with purpose of smoking it himself, he cannot be found guilty of the offence of dealing in drugs. (1) Only statement (a) is correct. (2) Only statement (b) is correct. (3) Only statement (c) is correct. (4) Only statements (a) and (b) are correct. (5) Only statements (b) and (c) are correct. QUESTION 5 (a) The Firearms Control Act 60 of 2000 makes it punishable to be aware that somebody else possesses a firearm unlawfully and then to fail to report this to the police. (b) The crime of unlawfully possessing a firearm is defined in the Firearms Control Act 60 of 2000 in such a way that X commits the crime only if he exercises control over the weapon with the intention of possessing it as an owner for his own benefit. (c) A person may lawfully possess ammunition even if he does not have a licence in respect of a firearm capable of discharging that ammunition. (1) Only statement (a) is correct. (2) Only statement (b) is correct. (3) Only statement (c) is correct. (4) All these statements are correct. (5) None of the statements is correct. QUESTION 6 (a) The National Road Traffic Act 93 of 1996 provides that no person shall drive a vehicle on a public road outside an urban area at a speed in excess of 80 km/h. (b) The definition of “driver” in the above-mentioned Act does not include persons who rides or attempts to ride any pedal cycle. (c) Only SAPS members are permitted to exceed the general speed limit in terms of section 60 of the Act. (1) Only statement (a) is correct. (2) Only statement (b) is correct. (3) Only statement (c) is correct. (4) All these statements are correct. (5) None of the statements is correct. 6 Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 CRW2602/102 QUESTION 7 (a) Reckless driving includes inconsiderate driving which might give rise to a risk of harm to others. (b) The interest protected by the crime of negligent driving is the safety of the public using the roads. (c) An intoxicated person sitting behind the steering wheel of a stationary vehicle which has its engine running may not be found guilty of a contravention of the offence driving under the influence of alcohol or drugs. (1) Only statement (a) is correct. (2) Only statement (b) is correct. (3) Only statement (c) is correct. (4) Only statements (a) and (b) are correct. (5) Only statements (b) and (c) are correct. QUESTION 8 (a) The offence of pointing of a firearm in the Firearms Control Act 60 of 2000 may overlap with the crime of assault in the form of inspiring fear of immediate personal violence. (b) In order to secure a conviction for pointing of a firearm, the state needs to prove that the firearm was capable of firing a shot. (c) If X presses a water pistol against the body of Y, and Y thinks it is a real gun, X may be charged with the unlawful pointing of a firearm. (1) Only statement (a) is correct. (2) Only statement (b) is correct. (3) Only statement (c) is correct. (4) Only statements (a) and (b) are correct. (5) Only statements (a) and (c) are correct. QUESTION 9 (a) It is not required for robbery that the property should necessarily be on the person of the victim or in his presence when the violence takes place. (b) X assaults Y. His intention, at that moment, is merely to assault Y. After having knocked him unconscious, X sees Y’s watch, decides to take the watch and in fact does so. X can be convicted of robbery. (c) X cannot be convicted of the crime of receiving stolen property, knowing it to have been stolen, if she received the property with the intention of keeping it merely temporarily for somebody else. (1) Only statement (a) is correct. (2) Only statement (b) is correct. (3) Only statement (c) is correct. (4) Only statements (a) and (b) are correct. (5) Only statements (a) and (c) are correct. 7 Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 QUESTION 10 (a) Forgery is a form of fraud. (b) The reason why the word “malicious” appears in the crime “malicious injury to property” is that this crime can be committed only if X had an evil motive when he damaged the property. (c) Stretching one’s arm through an open hole in a wall of a building does not amount to “breaking in” in the crime of housebreaking with intent to commit a crime. (1) Only statement (a) is correct. (2) Only statements (a) and (b) are correct. (3) Only statements (a) and (c) are correct. (4) Only statements (b) and (c) are correct. (5) None of the statements is correct. SUB-TOTAL PART B THIS PART CONSISTS OF THREE QUESTIONS, NUMBERED, 1, 2 AND 3. YOU MUST ANSWER ALL THREE QUESTIONS (WITH THEIR SUB-QUESTIONS). NOTE THAT YOU HAVE A CHOICE IN CERTAIN OF THE SUB-QUESTIONS. SUBSTANTIATE YOUR ANSWERS AND REFER TO DECIDED CASES WHERE NECESSARY. IN DECIDING UPON THE LENGTH OF YOUR ANSWERS YOU SHOULD BE GUIDED BY THE MARKS ALLOCATED TO EACH QUESTION. Question 1 (a) Define the crime of public violence. (5) (b) X is in financial trouble and staying with his sister. He uses his sister’s car with her consent but tells everybody that it is his own car. X’s friend Y, who is under the impression that the car belongs to X, offers to buy the car from him in order to help him out of his financial crisis. X agrees, receives R80 000 from Y, and delivers the car to Y’s house, promising that he will ensure that the car is registered in Y’s name. Answer the following questions: (i) Fully define the crime of theft. (5) (ii) Name and explain briefly the form of theft which is present in the factual scenario sketched above. (1) (iii) Did X perform an act of appropriation as required for the crime of theft? In your answer you must define an “act of appropriation”. (3) (iv) Can X also be convicted of fraud? Briefly discuss by setting out the elements of the offence. (5) (c) Discuss ONE of the following cases: (i) S v Mshumpa 2008 (1) SACR 126 (E) (ii) S v Gardener 2011 (1) SACR 570 (SCA) (iii) S v Ndebele 2012 (1) SACR 245 (GSJ) (6) 8 Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 CRW2602/102 Question 2 (a) X, a top government official, is convicted by a judge of corruption. She is very unsatisfied with the outcome of the case, and at a public meeting declares: “The whole bench in this country is corrupt”. (i) With which crime may X be charged? Define this crime. (5) (ii) Identify clearly the specific form of the crime which is identified here. (1) (iii) What are the reasons for the existence of this crime? (4) (b) The application of force to the person of Y is the most common way in which the crime of assault is committed. Define assault and discuss in detail the requirement of “application of force” for this form of the crime of assault. (8) (c) X bears a grudge against a previous girlfriend who had left him for another man. The girlfriend, Y, has a 10-year-old child, Z. One morning, X picks up Z at his school. He tells Z that his mother is seriously ill, and that she had sent him to pick up Z and to take him home. However, X takes Z to his own house and keeps him captive in the cellar underneath his house. He does not tell inform anybody about this and also does not demand a ransom from Y. Discuss whether X may be found guilty of the crime of kidnapping. (7) Question 3 (a) Name the six elements of the offence of extortion. (6) (b) X, a 26-year-old male and Y, a 20-year-old female, live in a one-roomed shack with their ten- year-old daughter, Z. X has sexual intercourse with Z with the assistance of Y. While X penetrates Z sexually, Y puts a piece of cloth in Z’s mouth to prevent the neighbours from hearing her screams. Y tells nobody about what is going on since she is afraid that X will no longer support her financially if she reveals his criminal conduct. X also has sex with Y with her consent, and at the same time locks Z in the room with the intent to make her witness the act. (i) Merely name the offences in the Criminal Law (Sexual Offences and Related Matters Amendment Act 32 of 2007 of which X may be convicted. (3) (ii) Merely name any TWO offences in terms of the abovementioned Act of which Y may be convicted. (2) (c) In terms of section 1(2) of the Criminal Law (Sexual Offences and Related Matters Amendment Act 32 of 2007 “consent” means “voluntary and uncoerced agreement”. Set out the circumstances in which such consent is deemed to be absent in terms of the said Act. (6) (d) Name the reasons for the existence of the following offences: (i) Crimen iniuria (1) (ii) Criminal defamation (1) (iii) Abduction (1) SUB-TOTAL: TOTAL: © Unisa 2017 9 Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 3 Feedback and self assessment Below follows the feedback on the previous exam paper provided above. We find that most students provide very superficial answers in the examination. Therefore, we advise that you actually complete the given examination paper on your own as a form of self-assessment. Test yourself whether you are able to identify the relevant sections of the work. Plan and structure your answers in accordance with the duration of time provided. Determine the length of your answer with reference to the marks allocated to each question. Then compare your answers with those provided in the feedback. This exercise will enable you to know exactly what is expected of you in the examination. The following abbreviations are used: SG - Study Guide Criminal Law - CR Snyman Criminal Law 6th ed 2014 (the prescribed book) Case Book - CR Snyman Criminal Law Case Book 5th ed 2013 Reader – Case Law Reader for CRW2602 PART A (MULTIPLE-CHOICE QUESTIONS) QUESTION 1 (a) This statement is correct. See SG 1.2.2 (iv). (b) This statement is correct. See SG 1.2.2. (c) This statement is correct. See SG 1.2.4. You should therefore have chosen option (5) since all the statements are correct. QUESTION 2 (a) This statement is incorrect. See Criminal Law 336. The declaration may be oral or in writing (in an affidavit). (b) This statement is incorrect. See SG 2.1.4. Because only a declaration under oath or its equivalent can form the basis of perjury, the crime cannot be committed, for example, in the course of argument to the court by a legal representative. (c) This statement is correct. See SG 2.3 and Criminal Law 328-329. You should therefore have chosen option (3) since only statement (c) is correct. QUESTION 3 (a) This statement is correct. See Criminal Law 404, 408 and SG 3.2.6.2. (b) This statement is correct. See SG 3.2.6.5, 3.2.6.6 and 3.2.7.3. (c) This statement is incorrect. See SG 3.2.6.2. The crime of corruption has been completed even if Y has not yet done what he undertook to do. As such, the benefit need not be handed over for the completion of the crime; Y must have merely accepted the gratification. You should therefore have chosen option (4) since only statements (a) and (b) are correct. 10 Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 CRW2602/102 QUESTION 4 (a) This statement is incorrect. See SG 3.4.2.3(b). X can be convicted of the crime known as “use or possession of drugs” in terms of section 4 of the Drugs and Drugs Trafficking Act 140 of 1992 as he kept drugs for or on behalf of somebody else (possessio naturalis). (b) This statement is correct. See SG 3.4.2.3(b)(i). (c) This statement is correct. See SG 3.4.3.3. You should therefore have chosen option (5) since only statements (b) and (c) are correct. QUESTION 5 (a) This statement is correct. See SG 3.5.4 (1). (b) This statement is incorrect. See SG 3.5.2.1. X may commit the crime of unlawfully possessing a firearm if he exercises control over the weapon with the intention of possessing it as an owner for his own benefit (possessio civilis) or if he merely keeps or guards it on behalf of, or for the benefit of, somebody else (possessio naturalis). (c) This statement is incorrect. See SG 3.5.3(1). Section 90 provides that no person may possess any ammunition unless he holds a licence in respect of a firearm capable of discharging that ammunition. You should therefore have chosen option (1) since only statement (a) is correct. QUESTION 6 (a) This statement is incorrect. See SG 3.6.2.4. The National Road Traffic Act 93 of 1996 provides that no person shall drive a vehicle on a public road outside an urban area at a speed in excess of 100 km/h. (b) This statement is incorrect. See SG 3.6.2.3. The definition of “driver” in the above-mentioned Act does include persons who rides or attempts to ride any pedal cycle. (c) This statement is incorrect. See SG 3.6.2.5. Drivers of an ambulance, fire-fighting vehicle or response vehicle, a rescue vehicle, an emergency medical response vehicle who are carrying out their duties or a traffic officer or SAPS member or any other authorized persons who drive a vehicle in the execution of their duties may exceed the general speed limit in terms of section 60 of the Act. You should therefore have chosen option (5) since none of the statements is correct. QUESTION 7 (a) This statement is correct. See SG 3.6.3.2(b). (b) This statement is correct. See SG 3.6.3.3(b). (c) This statement is incorrect. See SG 3.6.5.3. An intoxicated person sitting behind the steering wheel of a stationary vehicle which has its engine running may be found guilty of a contravention of the offence driving under the influence of alcohol or drugs. You should therefore have chosen option (4) since only statements (a) and (b) are correct. 11 Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 QUESTION 8 (a) This statement is correct. See SG 6.2.3 and Criminal Law 459. (b) This statement is incorrect. See SG 6.2.3. The state need not prove that the firearm was capable of firing a shot in order to secure a conviction for pointing of a firearm. (c) This statement is correct. See SG 6.2.7. You should therefore have chosen option (5) since only statements (a) and (c) are correct. QUESTION 9 (a) This statement is correct. See SG 9.1.8. (b) This statement is incorrect. See SG 9.1.6. X commits assault and theft, and not robbery. There must be a causal link between the violence on the one hand and the acquisition of the property on the other. If X acquires the property not as a result of the violence, but as a result of some other consideration or event, he does not commit robbery. (c) This statement is incorrect. See SG 9 Summary (10). X may be found guilty of the crime of receiving stolen property if he receives the property with the intention of keeping it temporarily for somebody. You should therefore have chosen option (1) since only statement (a) is correct. QUESTION 10 (a) This statement is correct. See SG 10 Summary (8). (b) This statement is incorrect. See SG 11.2.6. X’s motive is not a relevant consideration in order to be found guilty of the crime of malicious injury to property. (c) This statement is correct. See SG 12.3.1. You should therefore have chosen option (3) since only statements (a) and (c) are correct. SUB-TOTAL: PART B Important advice for answering problem-type questions: The purpose of asking problem-type questions in this module is to test your understanding of the various specific crimes. This requires knowledge and understanding of the definitions of these crimes. The second step in answering a problem-type question is to discuss the legal principles that are relevant to providing the answer to the problem. Most of the legal principles discussed in this module come from court decisions (case law). You must therefore make reference to a decided case(s) whenever a legal principle is stated. You are reminded that even if you fail to remember the name of a case, you can simply state: “It has been decided” or “According to a decision” when stating the principle. Please note, however, that the discussion of an incorrect principle will not be credited, irrespective of whether the case reference (name) is appropriate. In other words, referring to the correct case name will not award you a mark if it is done to support an inappropriate legal principle. Students who do this merely indicate to the lecturer that they do not understand what the cited case actually decided. 12 Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 CRW2602/102 The third step in answering a problem-type question is to apply the relevant legal principles to the facts of the problem. Students often combine the second and third steps when answering problem-type questions. In other words, they would discuss the principle(s) while applying it to the facts. There is nothing inappropriate about doing this. However, the chances of omitting a relevant principle (if there is more than one) are greater when adopting this approach. To minimize this possibility, we would advise the separation of the second from the third step. Another advantage of discussing the legal principle(s) before applying them to the facts is that you can more easily identify the relevant facts at the stage of discussing the principle(s). This will enable you to address as many relevant facts as possible and prepare you for a more in-depth analysis at the stage of application. The final step in answering a problem-type question is to provide a conclusion to the problem. Please ensure that you have addressed the question(s) that has (have) been asked. If, for example, the question requires you to determine the criminal liability of X on a charge of murder, then your conclusion should state either “X is criminally liable of murder”, or “X is not criminally liable on a charge of murder”. If the question requires you to determine whether X caused Y’s death, then your conclusion should state either “X caused Y’s death”, or “X did not cause Y’s death”, et cetera. Please note also that in order for your conclusion to have any basis it must be a deduction of your reasoning. QUESTION 1 (a) Public violence is the unlawful and intentional performance of an act or acts by a number of persons which assumes serious proportions and is intended to disturb the public peace and order by violent means or to infringe the rights of another. (b)(i) Theft is the unlawful, intentional appropriation of movable, corporeal property which (1) belongs to, and is in the possession of, another (2) belongs to another but is in the perpetrator’s own possession, or (3) belongs to the perpetrator but is in another’s possession and such other person has a right to possess it which legally prevails against the perpetrator’s own right of possession; provided that the intention to appropriate the property includes an intention permanently to deprive the person entitled to the possession of the property, of such property. (ii) Theft by means of embezzlement / removal of property. (iii) The answer is yes, because his act of removal complies with both components of the act required for theft. A person commits an act of appropriation if she commits an act whereby: (1) he deprives the lawful owner or possessor of his property, (negative component) and (2) he himself exercises the rights of an owner in respect of the property (positive component). By removing the car and delivering it to his friend, X committed an act of appropriation. (iv) Yes, X can also be convicted of fraud because he complies with all the elements required for the offence. The elements of fraud are: 13 Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|24598590 1. misrepresentation 2. which causes or may cause prejudice and which is 3. unlawful and 4. intentional. (c) In this question, students had to choose one of three cases to discuss. (i) Option 1 Reader 31–37 - S v Mshumpa 2008 (1) SACR 126 (E) First the facts of the Mshumpha case have to be set out briefly (see p31–33 of the Reader). A young pregnant woman (S) was ‘hijacked’ together with the father of the child (B). She was shot in the stomach and the baby was stillborn. B was shot in the shoulder and valuables were taken. It transpired the father of the child (B) arranged for the incident. B and M (the ‘hijacker’) were both charged with various offences including: attempted murder; assault; robbery; attempting to defeat the course of justice and unlawful possession of firearms. M and B were found guilty of the attempted murder of S. Legal question: Can they (B and M) be charged with murder of an unborn child/ foetus? Finding: No, they cannot. Reasons for finding: One cannot be found guilty of the murder of an unborn child since it is not included in definition of murder. It will violate the principle of legality. If the definition of murder is to be broadened, the legislature must effect such change. The Constitution does not afford a right to life to an unborn child. The development of common law (as allowed in Masiya-case) must be done incrementally and cautiously in accordance with dictates of the Constitution. The are practical difficulties with including the killing of an unborn child in the definition of murder (see para 59 of the judgment for the various difficulties). (ii) Option 2 Reader 38–41 - S v Gardener and Another 2011 (1) SACR 570 (SCA) First the facts of the Gardener case have to be set out briefly (see p38–39 of the Reader). Two chief executive officers of company A failed to disclose their interests in company B to the board of company A. Company A had bought shares in company B and as a result of this transaction X and Y secured substantial profits. They were charged with fraud and duly convicted, and appealed. Legal question: Did they have the intention of defrauding company A and did their failure to disclose their interests resulted in actual or potential prejudice to the company? Finding: The court upheld the conviction of fraud. Reasons for finding: The court found that the conduct of X and Y was potentially prejudicial to company A since, inter alia, it precluded company A from considering the advantages and disadvantages of the sale and induced company A to raise the finance and pay X and Y for their interest in company B. Moreover, their conduct was deliberate since it was done to avoid proper consideration of the transaction by the board in the self-interest of X and Y (para 57). In considering the intention to cause prejudice, the court deemed it unnecessary to be more specific as to the nature of that prejudice. The court stated (at para 58) that when company directors directly withhold information material to the affairs of their company from the board of directors there is, in the absence of an explanation for such conduct which may reasonably be true, a case of fraudulent non-disclosure. That is because the company can only make decisions through a board that is properly informed. 14 Downloaded by Akira Chetty ([email protected])  lOMoARcPSD|2459