TUTORIAL 3

QUESTION 1:
List the two categories of a crime, draw a distinction between each category, give an example
of each and list the requirements for each of the categories. (8)

QUESTION 2:
Under which category of a crime does rape fall? (1)

QUESTION 3:
Distinguish between:
3. 1 voluntary and involuntary conduct. (3)
3.2 automatism and force (2)
3.3 non-pathological automatism and pathological automatism (2)
3.4 Burden of proof for both non-pathological automatism and pathological automatism. (2)
3.5 Absolute force and relative force (2)

QUESTION 4:
List the 8 exceptions when a person does have a legal duty to act and explain why there is no
general legal duty to act in the common law. (10)

QUESTION 5:
A was intoxicated and was driving to his house. When he turned onto the street he lived in he
saw his neighbours, B and C, walking in the middle of the street. A thought that he can chase
them with his car to see how fast they can run. B and C saw A driving faster towards them and
started running. B and C got hit by A’s car. The next day one of the other neighbours found B
killed and C lying unconscious inthe street. The prosecutor charged A with the murder of B
and the attempted murder of C. The defence team for the accused stated that the A cannot be
held criminally liable because A’s conduct was not voluntary.
5.1 Which element of a crime is applicable here? (1)
5.2 Whose argument do you support? Use case law (facts, legal question, judgment) to
substantiate your answer. (5)
5.3 If A voluntarily consumed alcohol with the thought of it enabling him to kill B and C will
A be found guilty of the crime of murder and attempted murder? (2)

QUESTION 6:
What does causation regarding a consequence crime mean? (4)

QUESTION 7:
Why is the conduct element for criminal liability the SECOND element for criminal liability?
(2)

QUESTION 8:
A and B robbed C while she was sitting in her house. A shot C in the heart. A and B then ran
away. D (the neighbour of C) heard the gunshot and saw A and B running away from the house.
D phoned the ambulance. When the ambulance arrived at C’s house, the medics found that she
(C) was still alive and rushed her to the hospital.

E (a general surgeon at the hospital) was just about to leave the hospital after having an 18-
hour shift when C arrived. Because there were no other surgeons on duty E had to perform the
emergency surgery of C. E, does not specialise in heart surgeries and the hospital could not
wait for a heart surgeon to come back to the hospital as this would have put C at a higher risk
of dying. During the surgery E did not follow the correct steps as he was under pressure and C
died on the operating table.

A and B were arrested by the police (D could identify them) and the prosecutors decided to
prosecute them for the crime of murder. The defence team of A and B stated that there was an
intervening act (that of E that did not follow the correct steps) and therefore A and B could not
be found guilty of the murder of C.

Discuss whether or not A and B could be found guilty for the murder of C using the
investigative process which must be used to determine causation between the conduct of an
accused and the consequence. Make reference to case law and use the approaches South
African courts have used. (15)

QUESTION 9

Summarise the following cases in table format

9.1 Dhlamini
Facts
legal question
Judgement

9.2 Henry
Facts
legal question
Judgement

9.3 SvM
Facts
legal question
Judgement

9.4. Chretien
Facts
legal question
Judgement

9.5. Ewels
Facts
Legal
question
Judgement

9.6. Bazdew
Facts
Legal question
Judgement
9.7. Cloete
Facts
Legal question
Judgement

9.8. Daniels
Facts
Legal question
Judgement

9.9. Mokgethi
Facts .
Legal question
Judgement

9.10. Tembani
Facts
Legal question
Judgement

QUESTION 10

10.1 Which 4 cases are applicable in terms of non-pathological/healthy automatism? (4)

10.3 Which tests/theories are most often used within South African law? (1)
10.3 How is the combination theory applied and refer to case law where it may have been
applied? (1)