UNIVERSITY EXAMINATIONS. UNIVERSITEITSEKSAMENS UNISA See CRW2601 (485801) May/June 2019 General Principles of Criminal Law Duraon 2 Hours 100 Marks EXAMINERS : FIRST PROF NMOLLEMA MR RD RAMOSA SECOND PROF S LOTTER Closed book examination. ‘This examination question paper remains the property of the University of South Africa and may not be removed from the examination venue. This paper consists of 7 pages plus the instruction for the completion of the mark reading sheet. ‘THE QUESTIONS IN THIS PAPER COUNT A HUNDRED MARKS. THE PAPER CONSISTS OF TWO PARTS, MARKED A AND B. YOU MUST ANSWER BOTH PART A AND PART B. PART A CONSISTS OF TEN MULTIPLE CHOICE QUESTIONS. YOU MUST FILL IN THE ANSWERS TO THESE QUESTIONS ON THE MARK READING SHEET. THIS MEANS THAT ‘THE QUESTIONS IN PART A COUNT A TOTAL OF 30 MARKS. IN PART B, THE ANSWERS TO THE QUESTIONS MUST BE WRITTEN IN THE EXAMINATION ANSWER BOOK. THE QUESTIONS IN PART B COUNT SEVENTY 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 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 =). 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 or incorrect. You must decide which allegation accurately reflects the conclusions to which you have come. [TURN OVER]2 CRW2601 May/June 2019 Question 4 (a) The sus acceptum pnnciple is referred to expressly in the Constitution of South Afnca, 1996. (b) The term nulla poena sine lege literally means “no punishment without a legal provision” (©) Alegal norm in an Act s a provision which makes it clear that certain conduet constitutes acnme (1) Allof these statements are correct. (2) Only statements (a) 1s correct. (3) Only statements (b) and (c) are correct. (4) Only statement (b) is correct (5) Only statement (a) and (c) are correct Question 2 (@) Conduct is voluntary if a person ts capable of subjecting his/her bodily movements to his will or intellect. (b) There ts a legal duty upon X to act positively if the moral convictions of the community require him to do 80 (c) The definitional elements of materially defined cnmes proscnbe any conduct which causes a specific condition (1) Only statement (a) s correct. (2) Allof these statements are correct (3) Only statements (b) and (c) are correct. (4) Only statement (a) and (c) are correct (5) Only statement (c) 1s correct Question 3 (2) The shop owner who sold X the fire arm with which he killed Y, 1s a factual cause for Y's death according to the conditio sine qua non test (b) Legal causation 1s determined by asking whether the chain of events was broken. (c) Policy considerations are applied to determine factual causation (1) None of these statements 1s correct. (2) Only statements (a) and (c) are correct (3) Only statements (a) and (b) are correct. (4) Only statement (a) is correct. (5) Only statement (c) is correct. ITURN OVER]3 cRW2601 May/June 2019 Question 4 (a) The decision in Mostert 2006 (1) SACR 560 (N) confirms the principle laid down in the Constitution (s 199(6)) that the defence of obedience to orders will be successful, provided the orders were not manifestly unlawful (b) Consent operates as a ground of justification to a charge of rape (c)_Trviality is a ground of justification (1) Only statement (a) 1s correct (2) Only statement (b) is correct (3) _ Only statements (a) and (c) are correct, (4) None of these statements is correct (5) Only statement (c) ts correct Question 5 (2) A 10-year-old child is rebuttably presumed to lack cnminal capacity (b) The accused in the case of Kavin 1978 (2) SA 731 (W) succeeded with the defence of non-pathological cnminal mcapactty. (c) The abilty to act in accordance with an appreciation of wrongfulness refers to a person's conative mental abilities (1) Only statements (a) and (c) are correct. (2) Only statement (c) is correct (3) Only statement (b) 1s correct, (4) Only statements (b) and (c) are correct (5) Only statement (a) is correct Question 6 (a) The test for dolus eventuals 1s subjective (b) For dolus indirectus, the accused must foresee the result as a necessary consequence of his act of pursuing his main aim or goal. () Mote can be used as a factor to determine whether an accused had intention, (1) Only statements (b) and (c) are correct (2) _ Only statement (b) is correct (3) Only statements (a) and (b) are comect (4) Allof these statements are correct (8) _ Only statements (a) and (c) are correct [TURN OVER]4 cRW2601 May/June 2019 Question 7 @) In putative private defence, X’s intention did not extend to include the unlawfulness of her act {b) In Goosen 1989 (4) SA 1013 (A) it was held that a mistake relating to the chain of causation may in certain circumstances exclude intention (©) Errorm obyecto always excludes intention (1) Only statements (a) and (b) are correct. (2) Only statement (a) is correct (3) Only statements (b) 1s correct (4) _Allthe statements are correct (5) Only statements (a) and (c) are correct ‘Question 8 (2) Since the test for negligence 1s objective, no subjective factors are ever taken into account, (b) A person who overstepped the boundanes of private defence will always be guilty of murder if the victm dies (c) Reasonable foreseeabilty requires the likelihood that a result may ensue and not the possibility that it may ensue (1) None of these statements is correct (2) Only statement (b) is correct (3) Only statements (b) and (c) are correct. (4) Only statements (a) and (c) are correct. (5) Only statement (c) is correct Question 9 {a) Involuntary intoxication is a complete defence (b) Proof of lack of criminal capacity 1s essential for an accused to be convicted of contravening section 1 of Act 1 of 1988 (©) Aberratto ictus 1s a form of mistake that excludes intention (1) Only statements (a) and (c) are correct (2) Only statements (a) and (b) are correct (3) Only statements (b) and (c) are correct (4) Allof these statements are correct (5) Only statement (c) ts correct {TURN OVER]5 ‘cRW2601 May/June 2019 Question 10 (2) Accessory liability means that a person cannot be held liable as an accomplice f another person has not committed a cnme, (b) putative crme is a cme that does not exist but which X thinks does exist (c) An objective approach 1s followed towards attempts to commit the impossible (1) Only statement (a) 1s correct (2) Only statements (a) and (b) are correct. (3) Only statements (b) ts correct (4) All the statements are correct (5) Only statements (a) and (c) are correct [30] PART B THIS PART CONSISTS OF THREE QUESTIONS, NUMBERED 1, 2 AND 3. YOU MUST ANSWER ALL THREE QUESTIONS (WITH THEIR SUBDIVISIONS). EACH QUESTION IS SUBDIVIDED INTO A NUMBER OF SUBDIVISIONS. NOTE THAT SOME OF THE QUESTIONS CONTAINS A CHOICE BETWEEN TWO ALTERNATIVES. SUBSTANTIATE YOUR ANSWERS AND REFER TO DECIDED CASES WHERE RELEVANT. IN DETERMINING THE LENGTH OF YOUR ANSWERS YOU SHOULD BE GUIDED BY THE MARKS ALLOCATED TO EACH QUESTION. Question 1 (a) Name the five rules embodied in the pnnaiple of legality © (b) Name the requirements for successfully relying on the defence of mpossibilty (3) (©) NOTE THE CHOICE YOU HAVE IN THIS QUESTION The nght of chastisement refers to the night of persons in authonty to puntsh people in their charge The nght of parents to punish ther children with moderate and reasonable corporal punishment 1s based on this ground of justification Discuss the constitutionality of nght to chastisement as far as the punishment of children by parents is concemed with reference to case law OR Define official capacity and give examples of unlawful conduct that 1s justified by this ground of justification (5) ITURN OVER](d) 6 CRW2601 May/June 2019 Aand B attend a music concert held at a huge public arena Upon leaving the concert A and B are attacked at the gate and robbed. A manages to get away but B 1s stabbed and left to die Cs one of the last people to leave the arena He finds B in a coma and takes him to the closest hospital The Emergency section 1s very busy and B is left unattended He succumbs to his wounds and dies. CCTV footage shows that B was attacked by X and Y X ran away after having stabbed B twice and Y kicked him a few times in the head and left with his wallet and cell phone. X and Y are charged with murder Their legal representative argues that they did not cause B's death as B died due to the hospital's negiect. (1) Distinguish between formally and matenally defined crimes and give an example of each. (4) Gi) Discuss whether X and Y will succeed with their defence with reference to relevant case law You can accept that their attack on B was the factual cause of B's death (8) [25] Question 2 (a) (b) (co) (a) Draw a diagram to explain the classification of the various persons involved in a enme 8) Discuss the lability of a jomner-in with reference to case law 6) X runs a pedestrian over while intoxicated The pedestrian ts in a cntical condition and 1s declared dead upon arnval at the hospital Xs charged with murder Blood tests taken at the time of the incident show that X was under the influence of alcohol and senously intoxicated X's legal representative argues that X cannot be convicted of murder as he could not appreciate the wrongfuiness of his conduct due to his intoxication (}) Which element of the cnme 1s being contested by the legal representative? (1) (1) _ Identify the case which changed the legal position regarding voluntary intoxication in 1981 a {m) Explain the result of this decision regarding the effect of voluntary intoxication on cnminal habilty @) (iv) Will X leave the court a free man if the court finds that he did not act with nminal capacity? Provide reasons for your answer (5) NOTE THE CHOICE YOU HAVE IN THIS QUESTION Wnte notes on the meaning of the requirement “mental iliness or mental defect” in the first leg of the test for mental illness according to s 78(1) of the Criminal Procedure Act 51 of 1977 OR (TURN OVER]1 CRW2601 May/June 2019 Discuss youth as a factor that may exclude criminal capacity in terms of the Chuld Justice Act 75 of 2008 (5) (e) _ Discuss the entenon used by the courts to determine ltability for interrupted attempt and provide an example from case law of an interrupted attempt 6 [30] Question 3 (a) _ Name the possible effects that provocation may have on criminal trabulity 4 (b) White in your answer script the number of the question followed by the missing words/phrases: 1 An act which complies with the definitional elements is not necessanly a u. In Golath 1972 (3) SA 1 (A) it was held that could constitute a complete defence to a charge of murder (ay m, In Eadie 2002 (1) SACR 663 (SCA) It was held that there 1s no distinction between , on the one hand, and the defence of ...... ... , on the other (2) w _Inorder to exclude intention, a mistake must be = ” v___ Injudging aberratio ictus situations, the Appeal Court in Mtshiza 1970 (3) SA 747 (A) favoured the... approach over the transferred culpability approach 0) vi. Inthe case of . (ust the name) it was held that the cliché "ignorance of the law is no excuse” has no foundation in our law (1) vi Inthe case of . (Just the name) the Constitutional Court held that liability for murder based on active association with the execution of a common purpose 1s constitutionally sound () vii. Private defence as ground of justification excludes the element of _and putative private defence excludes the element of. 2) bk The exstence ofa common purpase between a group of persons may be based on apnoragreementor. . (1) 15) Total: [70]UNIVERSITY OF SOUTH AFRICA UNISA pea UNIVERSITEIT VAN SUID-AFRIKA EXAMINATION MARK READING SHEET PART 1 (GENERAL/ALGEMEEN) DEEL 1 9 i Ream EKSAMEN-MERKLEESBLAD fea os rail on 2 reac For use by examination invigilator Vir gebruik deur oksamenopsiener 4 une nae 4 somorres PART 2 (ANSWERS/ANTWOORDE) DEEL 2 2 EES QD) a haeesy pa man mS Dpgs QO) spaces) [aodukaaie) [a PSS Lek Suma fw Rees hopes} | 2d fea rated gem ea eiatd | Sauegna PS SS) | 8 wy parity B epaws| jg maga Men] | eg Qoqemdce pe) | 8 aap pale) a Reg Shs |g Sona, [we REIS Bo wat fagsng [Basen Beane spans) |g URS won Rees smpwsl |g ene beg pes SURES) |g BUSS eae Phaaasd fe maaaea) fa magael [ip faites Pogeeel Ps aaa) Pe maa [ge ogees