PINNACLE OF PROFICIENCY

PROFESSIONAL GRADUATE DIPLOMA IN RISK AND SECURITY

MANAGEMENT

LEVEL 1

CRIMINAL LAW (RSM 103)

DATE: SATURDAY 30TH NOVEMBER 2019

TIME: 09:00- 12:00 HOURS

INSTRUCTIONS TO CANDIDATE
1. This paper contains 1 Section with 6 Questions.
2. The question paper comprise 3 printed pages.
3. Answer any FOUR questions.
4. The examination is marked out of 100 marks.
5. DO NOT write your name on the answer sheets/booklet(s).
6. Write your STUDENT NUMBER on space provided on all answer sheets/booklet(s).
7. Start each question on a new page.
8. Indicate the questions attempted in the space provided on the front cover of the answer
booklet.
9. Candidates are not allowed to take into the examination room any course study materials.
10. Duration of the Examination: 3 HOURS.

N.B DO NOT TURN OVER THE QUESTION PAPER OR COMMENCE WRITING

UNTIL INSTRUCTED TO DO SO.
Page 1 of 3
QUESTION 1
Discuss FIVE sources of law, citing relevant legal authorities. [25 MARKS]

QUESTION 2
‘The principle of legality is fundamental in the province of criminal law’. Discuss.
[25 MARKS]
QUESTION 3
a) Citing specific examples, explain the differences between the crimes of rape, aggravated
indecent assault and unlawful sexual intercourse with a young person. [15 MARKS]

b) When should a mother who kills her unborn child be charged with:
i. Murder; and, [5 MARKS]
ii. Infanticide? [5 MARKS]

QUESTION 4
Mr Tim Hug is fast asleep in his house. His wife is sleeping by his side and his three young
children are asleep in a separate bedroom. He is woken in the middle of night by the sound of
breaking glass and he believes that an intruder has come into his house.

He grabs a baseball bat and goes looking for the intruder. It is dark inside the house so Mr
Tim Hug takes with him a small torch. He enters a room and shines his torch inside. Right in
front of him he sees a large man. He panics and lashes out at the figure with his baseball bat,
hitting him on the head. The intruder falls to the ground. Mr Tim Hug is not sure whether the
intruder has been knocked unconscious so he hits him twice more on the head with the bat.
These further blows are heavy blows. He then ties up the intruder and calls the police.

The police respond quickly and take away the injured intruder who is later identified as a
notorious thief, Sam Danger. Sam is taken to a police station. The Officer in Charge,
Inspector Luke, sees that Sam is in a very bad state but instead of ordering that he be taken to
a nearby hospital, he orders that Sam be placed in a cell. Several hours later, Sam dies in the
cell. The medical evidence discloses that had Luke ordered that Sam be taken for medical
treatment when he was first brought to the police station, he could have been treated for his
injuries and he would probably have survived.

When Sam’s brother, George, learns of the death of Sam, he vows to exact vengeance against
Mr Tim Hug. He takes a tin of petrol to Mr Tim Hug’s house intending to set fire to the
house and thereby cause the death of Mr Tim Hug and his family members inside the house.
He pours petrol on the outside of the house and is about to strike a match and set fire to the
house when he is spotted by a security guard whom Mr Tim Hug has employed to guard the
house after the incident with the intruder. The guard shouts at George. George drops the box

Page 2 of 3
of matches without setting fire to the petrol and runs away.

What is the criminal liability of:

a) Mr Tim Hug, [9 MARKS]
b) Inspector Luke; and, [8 MARKS]
c) George? [8 MARKS]

QUESTION 5
a) Compare and contrast the essential elements of the Criminal Law System and Civil Law
System. [15 MARKS]
b) Explain FIVE provisions of the Zimbabwe Constitution that have a bearing on the
Criminal Justice System. [10 MARKS]

QUESTION 6
With the aid of relevant Sections of the Statutes, discuss the hierarchy and
jurisdictional powers of the Courts in Zimbabwe. [25 MARKS]

***END OF QUESTION PAPER***

Page 3 of 3