UNIVERSITY OF THE WESTERN CAPE FINAL EXAMINATION OCTOBER/NOVEMBER 2013 MODULE NAME: — CRIMINAL LAW 202 MODULE CODE: RL 202 DURATION: 3 HOURS MARKS: 75 EXAMINER: MS C WILSON .. DEPARMENTAL CHAIRPERSON: PROFESSOR R KOEN INTERNAL MODERATOR: MR I RUGEMA .. STUDENTS WILL BE NOTIFIED PER E-MAIL WHETHER THEY QUALIFY FOR A RE-EVALUATION EXAMINATION. STUDENTS CAN ALSO CONSULT THE DEPARTMENTAL NOTICE BOARD TO ASCERTAIN WHETHER THEY QUALIFY FOR A RE-EVALUATION EXAMINATION. A LIST OF STUDENTS WHO QUALIFY TO WRITE THE ABOVE MENTIONED CATEGORIES OF ASSESSMENTS WILL BE PUBLISHED AT LEAST 48 HOURS BEFORE THE DATE OF THE EXAMINATION. GENERAL INSTRUCTIONS * PLEASE ANSWER ALL THE QUESTIONS. * THIS PAPER CONSISTS OF TWO SECTIONS. © SECTION A CONSISTS OF TWENTY. FIVE MULTIPLE CHOICE QUESTIONS. * ANSWER THE MULTIPLE CHOICE QUESTIONS ON THE FIRST PAGE OF YOUR COMPUTER SHEET. © SECTION B CONTAINS ESSAY QUESTIONS. * ANSWER THE ESSAY QUESTIONS IN YOUR EXAMINATION ANSWER BOOKS. © ANSWER QUESTION 1 IN ONE EXAMINATION BOOK. * ANSWER QUESTION 2 IN A DIFFERENT EXAMNATION BOOK.SECTION A [25 marks] MULTIPLE CHOICE QUESTIONS * Use the first page of your computer answer sheet. * Answer the following questions by choosing the most correct option. * Each question has only one such option. 1. X does not act for the purposes of criminal law if he is: 1. mentally retarded; 2. under hypnosis; 3. forced at gunpoint to break the law. Choose the most correct option: all three options are false; Option 1 and Option 2 are false; Option 2 and Option 3 are false; Option 1 is false; Option 2 is false. moo@> 2. In terms of section 332(1) of the Criminal Procedure Act 51 of 1977: 1, a director of a company may be liable for the crime of an employee; 2. a company may be liable for the crime of the director, 3. a director of a company may be liable for the crime of the company; Choose the most correct option: A. all three options are false; Option 1 is true; Option 2 is true; Option 3 is true; all three options are true. moa Criminal conduct: 1. must be positive but may be voluntary; 2._may be negative but must be proscribed; 3. may be voluntary but must be human Choose the most correct option: Option 1 is false but Option 2 is true; Option 1 is true but Option 2 and Option 3 are false; Option 3 is true but Option 1 and Option 2 are false; Option 1 is true; both Option 1 and Option 2 are true. mon@> A person cannot incur criminal liability for: the behaviour of an animal; uttering words; asking another person to commit an offence; failing to act; none of the above. mooeprs CRL202-FINAL-2013 Page 2 of 95. The versari doctrine: 1, provided that an accused was liable for all the intended unlawful consequences of his conduct; 2. did not recognise mens rea as an element of criminal liability; 3. was abolished in the case of Matsepe 1930 AD 150. Choose the most correct option: Option 1 is true but Option 2 is false; Option 3 is true but Option 1is false; Option 2 is false but Option 3 is true; Option 3 is false but Option 1is true; Option 1 is false but Option 2 is true. mooap The three basic forms of intention are: dolus directus, legal intention, dolus eventualis; dolus indirectus, constructive intention, dolus eventualis; dolus directus, dolus indirectus, specific intention; legal intention, dotus directus, dolus indirectus; dolus directus, general intention, dolus eventuali. mON@Ee In South African criminal law, the concept of dolus is defined in terms of: subjective foresight; reasonable foresight; reasonable foreseeability; subjective foreseeability; subjective foresight of a reasonable person in the same position as the accused ™mong@pn X gives his gun to Y. X is concerned that ¥ may use the gun to kill V, but takes a chance. Y does kill V with the gun. In this scenario, X acted with: dolus indirectus; dolus indeterminatus; luxuria; dolus eventualis; culpa. mone, 9. A bullet fired by X strikes and kills Y. X had foreseen Y’s death as a reasonable possibility. In this scenario: 1, X acted with dolus; 2. X acted with culpa; 3. X acted with fuxuria Choose the most correct option: Option 1 is true; Option 2 is true; Option 3 is true; both Option 1 and Option 3 are true; any of the above, mongee CRL202-FINAL-2013 Page 3 of 910. In South African criminal law: 1. negligence may be inadvertent; 2, subjective foresight is a requirement of unconscious negligence; 3. the accused who does not have intention will have negligence. Choose the most correct option: A. Option 1 is true but Option 2 is false; B. Option 1 is false but Option 2 is true; C. Only Option 2 is true; D. Option 3 is true but Option 1 is false; E. both Option 1 and Option 3 are false. 1. The person who acts with culpa levissima is: less guilty than the person who acts with culpa levis; as guilty as the person who acts with culpa lata; less guilty than the person who acts with culpa lata; less guilty than the person who acts with culpa levis and entitled to a lesser punishment; {ess guilty than the person who acts with culpa levis and entitled to a lesser punishment. monpPpE 12. Consider the following statements about valid consent: 1. It must be real 2. It must be reasonable. 3. Itis revocable at any time before the accused has acted. Choose the most correct option. Statement 2 is true; Statement 1is false but Statement 2s true; Only Statement 3 is true; Statement 2 is false and Statement 1 is true; Statement 1 is true, Statement 2 is true and Statement 3 is false. mone> 3. A defence of consent will fail if: the consent was given under duress; the person giving the consent is 12 years old; the victim consented by mistake; both (A) and (B) above; all of the above. mooepe 14. An error facti which is bona fide, reasonable and material excludes: dolus and culpa; dolus but not culpa; culpa but not dolus; culpa or dolus; any of the above. mong> ‘CRL202-FINAL-2013 Page 4 of 915. X wants to kill ¥. X shoots at ¥. The bullet misses Y, It strikes a gas cylinder which explodes. ¥ is killed in the explosion. This situation is usually classified as: a mistake in the causal sequence; an error in objecto, an error juris; aberratio ictus; an error facti. mone> 16. Voluntary Intoxication will succeed as a defence under the common law 1. it eliminates the intention of the accused; 2. itrenders the conduct of the accused automatic; 3. it deprives the accused of self-control. Choose the most correct option: A. Option 1is true; Option 2s false; Option 3 is true; all three options are false; all three options are true. moa 17. In South African law, a person who commits an offence while in a state of intoxication falling under the actio libera in causa is: A. never liable; 8. sometimes liable; C. always liable; D. fiable but not punishable; E. liable but entitled to rely upon intoxication as a mitigating factor. 18. X commits a crime, She is guilty of “statutory intoxication” if, at the time of the crime, she was so drugged that 1. she was unable to resist the temptation to commit the crime; 2. she could no longer tell right from wrong; 3._-her behaviour was involuntary, Choose the most correct option: Option 1 is true; Option 2 is false; Option 3 is true and Option 2 is false; ‘Only Option 3 is true; Only Option 1 is false moow@> CRL202-FINAL-2013 Page 5 of 919. X has criminal capacity if: 1. she is able to tell right from wrong; 2. she is able to act voluntarily; 3. she can resist the temptation to do wrong. Choose the most correct option: Option 1 is true; Option 1 is true but Option 2 is false; Option 1 is false: Option 1 and Option 3 are true but Option 2 is false; only Option 2 is false. mooep 20. In terms of Section 78(2) of the Criminal Procedure Act 51 of 1977: 1. the court can decide whether to conduct 2 psychiatric enquiry or not; 2. the court can order a psychiatric enquiry only when the accused alleges criminal incapacity by reason of insanity; 3. ifthe court orders a psychiatric enquiry, the accused is released pending the outcome of the enquiry. Choose the most correct option: only Option 1 is true; Option 1 is true but Option 2 is false; only Option 3 is true; Option 1 and Option 2 are true but Option 3 is false; Option 1, Option 2 and Option 3 are false monep 21. Xis charged with murder. The court finds that he is not fit to stand trial. In terms of section 77(6) of the Criminal Procedure Act 51 of 197: A. the court can order that X undergo inpatient treatment; 8. the court can order that X undergo outpatient treatment; C. the court must order that X be detained as a state patient; D. both (A) and (B) above; E. none of the above. 22. In $ v Eadie 2002 (1) SACR 663 (SCA), the court: confirmed the findings of the trial court and dismissed the appeal; 8. decided that there was no difference whatsoever between sane automatism and non- pathological criminal incapacity; C. noted that it was rare for a sane person to lose criminal capacity and therefore act automatically; all the above; E. none of the above. INAL-2013 Page 6 of 923. When the defence of non-pathological criminal incapacity is raised A. section 78(2) of the Criminal Procedure Act 51 of 1977 provides that the accused must provide the court with expert evidence; B. the accused bears that onus to prove that he did lose his criminal capacity; C. the court relies on the psychiatric report in deciding on the success or otherwise of the defence; D. the court must determine whether the loss of criminal capacity resulted from a mental illness or a mental defect; E. none of the above. 24. V's dog attacks X. X shoots the dog, X is charged with malicious damage to property. in this scenario: A. Xcan never rely on private defence as a justification to escape liability; B. X will incur liability if the dog attacked X of its own accord C. Xwill always be liable; D. X will be liable if the dog attacked X on the instructions of Y; E. none of the above. 25. In Ex parte Minister van Justitie: in re S v Van Wyk 1967 (1) SA 488. (A), the court held: A. a person can never kill in defence of property; B. when acting in defence of property, where reasonably practicable, X had to give adequate warning that deadly force was to be used; C. the property protected should not be of insignificant value; D. a person can resort to deadly force as a first resort in all circumstances; E. both (8) and (C) above. Page 7 of 9SECTION B [50 marks} ESSAY QUESTIONS Use your examination answer books. © Answer both questions. * Start each question in a new examination answer book. © Write in full sentences. © Write legibly and check your spelling. «Use paragraphs. © Label each section clearly. * Refer to relevant case law where applicable. QUESTION 4 (25 marks) “An omission to act is punishable only if there is a legal duty upon a person to act positively.” ‘Write an essay in which you discuss fully the instances in which a person has a legal duty to act positively. QUESTION 2 (25 Marks) Mary comes home one day to find Marlon, a teenager, ransacking her house. She grabs her gun and shoots him, in the honest belief that she is entitled to shoot any person who enters into her property without permission. Marlon is seriously injured but survives. Jane, Marlon’s mother, encounters Mary in the street the next day. Jane attacks Mary with a glass bottle which she is carrying, cracking Mary's skull. Jane explains that when she saw the person who shot her son, she became so distressed that she found it almost impossible to stop herself. Mary hires Frank to teach Jane a lesson for attacking her. Frank traps Jane in an isolated spot and threatens to stab her to death if she does not have sex with him. Jane agrees, but afterwards lays a charge of rape against him. Frank’s defence is that the sex was consensual. CRL202-FINAL-2013, Page 8 of 9Mary discovers that Frank had been acting on Jane's instructions and decides to kill Jane in revenge. Mary fires a bullet at Jane as she approaches in her car. However, it turns out that Mary was mistaken. Jane had lent her car to her sister, Rose. Rose is killed by the bullet. Mary claims that she did not intend to kill Rose. Discuss fully the possible criminal liability of: (a) Mary for shooting Marlon; (b) Jane for attacking Mary with the bottle; {c) Frank for the charge of rape; (d) Mary for the death of Rose. Page 9 of 9