PC-FT-IURI211.

1-1
Requirements for this paper/Benodighede vir hierdie vraestel: Resources/Hulpmiddels:

Answer Scripts/ Multi-choice cards (A4)/

Antwoordskrifte: X Multikeusekaarte (A4)
Attendance Slips (Fill-in Paper)/ Graph Paper/
Presensiestrokies (Invulvraestel): GrafiekPapier
Scrap Paper/ Calculators/
Rofwerkpapier Sakrekenaars
Multi-choice cards (A5)/ Laptop (Power not provided)/
Multikeusekaarte (A5) Skootrekenaar (Krag word nie voorsien nie)

Type of Assessment/ Duration/ 3 Hrs 00 Min

Tipe Assessering:
Exam Opportunity:1 Tydsduur:

Paper Number/ Maximum Marks/ 100

1
Vraestel Nommer: Maksimum Punte:

Module Code/ Module Description/

IURI211 CRIMINAL LAW: GENERAL PRINCIPLES
Modulekode: Module Beskrywing:

Examiner(s)/ Leruri Tsweledi-MC;Emmanuel Date/

Eksaminator(e): Radebe-MC;Rene Koraan-PC; 2023/06/21
Datum:

Time/
Tyd: 09:00
Internal/Interne
Alpha Marais-PC;
Moderator(s): Qualification/
Kwalifikasie: LLB
External Moderator(s)/
Eksterne Moderator(s):

Submission of answer scripts/Inhandiging van antwoordskrifte: ORDINARY

Instructions

• Please take note that for the purposes of anonymity you need not put your name on your answer sheet.
It will be sufficient to use only your student number. However, you are welcome to use your name as
well as your student number on the answer sheet and you will not be prejudiced should you do so. Your
student number should always appear on the answer sheet.
• Please indicate which questions you answered on the cover page of the first assessment script.
• Bear in mind that correct language usage, full sentences and neat, accurate, but concise formulation
play an important role in the assessment of your answers.
• It is in your own interest for your paper to be fully legible.
• Refer to applicable case law and legislation.
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Question 1 (10)

A 22-year-old woman is obese and keen lose weight. She has tried all kinds of diets, but in vain. She sees an
advertisement of a diet in a magazine placed by a hypnotist, X, who claims that his clients lose weight as a
result of his hypnosis. Y makes an appointment with X and agrees to hypnosis. While Y is under hypnosis, X
has sex with Y. Y lays a charge of rape against X and X relies on the defence of consent. He argues that since
Y consented to treatment though hypnosis to lose weight, she implicitly consented to any treatment that would
cure her of obesity, including sexual intercourse.

1) Name the requirements for successful reliance on the defence of consent. (7)

2) Indicate by a “yes” or “no” whether X can succeed with the defence and give reasons for your answer. (3)

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Question 2 (10)

With reference to relevant authorities, fully discuss criminal liability for omission in South Africa.

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Question 3 (15)

Making use of the relevant authorities, fully discuss the basis of the doctrine of common purpose in South
Africa, and how it is used to assign criminal liability.

IURI 211: Paper 1 | Exam 1st Opp | Full-time 1/2

Question 4 (12)

4.1 Japie is relaxing at a local park. He takes out his crack cocaine (drugs), takes a few puffs, and decides to
take a drive in his car. Still with the crack cocaine in his hand, Japie is pulled over by Speedycop, a traffic
officer. Speedycop sees the crack cocaine and wants to arrest Japie. Japie refuses and punches Speedycop
in the face with his fist. Speedycop arrests Japie. Do Japie’s actions of (i) smoking crack cocaine and (ii)
punching Speedycop in the face with his fist constitute a crime of delict? (6)

4. 2. Give a short critical comment on the theories of punishment. (6)

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Question 5 (18)

5.1 Critically explain the nature of consent and the requirements for it to be regarded as valid. (3)

5.2 With the aid of decided cases and/or illustrations, fully explain dolus eventualis. (5)

5.3 What is the crucial difference between dolus directus and dolus indirectu? (10)
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Question 6 (10)

Can an accused in a criminal trial use the defence that he was so infuriated that he did not know what he was
doing? Thus, arguing a defence of non-pathological criminal incapacity? Answer these questions with
reference to S v Eadie and argue your case accordingly.

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Question 7 (10)

John sees Drake outside the store one day. A month before, Drake had accidentally killed John's dog. John
is still very angry. He picks up a stone from the ground and throws Drake with it. Drake sees the stone and
dives out of the way. The stone misses Drake but hits and breaks the shop window. Drake landed against a
big stone, hitting his head and causing his death.

John is charged with Drake’s murder. Discuss John's criminal liability. Look at the causal link.

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Question 8 ____
(15)
8.1 Describe the test you will use to determine negligence. (5)
8.2 Explain the burden of proof pertaining to the criminal capacity of children in criminal trials. In your answer
you also have to define criminal capacity. (5)
8.3 List the principles of legality. (5)

TOTAL: 100

IURI 211: Paper 1 | Exam 1st Opp | Full-time 2/2