EXAMINATION PAPER:

Semester 02 2023
Module name Criminal Law
Module Code LCR500
NQF level 8
Date and Time 7 November 2023 – 09:00-12:00
Duration 3 hours
Exam type Closed book
Marks 100

General instructions
1. Complete your personal information on the front cover of the STADIO Examination
Answer Booklet.
2. Ensure you number the answer booklets correctly, in the case where more than one
answer booklet is used, i.e., Book 1 of 2, etc.
3. Use only black or blue pen. Do not use a pencil to answer questions. Pencilled answers
will not be marked.
4. Answer all the questions unless otherwise instructed.
5. Read all questions carefully before attempting to answer.
6. Always number the answers and any sub-question answers the same as the question
numbers in the examination paper.
7. Rough work may be done at the back of the examination book only. All rough work
must be labelled as such.
8. By accepting this examination script, you agree to abide by the STADIO Examination
Rules and Regulations.

LCR500
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 Equipment (Closed book)
1. No documents, notes, files, study guides, textbooks, or other materials will be allowed
into the examination.
2. Calculators are not permitted.
3. No mobile devices or electronic equipment including smart watches, laptops, iPads,
Kindles, etc. will be allowed on your person or at your desk during the examination.
4. No borrowing or lending of any examination material and/or stationery will be
permitted.

DO NOT TURN THIS PAGE UNTIL INSTRUCTED TO DO SO.

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Question 1 (5 marks)

Multiple-choice questions

Each of the following sub-questions contains one statement but with multiple possible answers.
Only one of the answers is correct. Read each statement very carefully and then decide which
one of the options is the correct one. Write down only the number of the sub-question and next
to it the letter that represents the answer you have selected.

Example: If you believe that, for sub-question 1.6, option C is correct, then write down: 1.6 C.

1.1 When are children presumed to irrebuttably lack criminal capacity?

A. Under 18 years of age
B. Under 10 years of age
C. Under 12 years of age
D. Under 21 years of age

1.2 How can contempt of court ex facie curiae be committed?

A. By disobeying a court order.
B. By complying with a judgment.
C. By publishing an article in which a judgment is criticised.
D. By tampering with state evidence.

1.3 Which of the following examples can be regarded as automatism?

A. A sneezing fit
B. Sleepwalking
C. An epileptic seizure
D. All of the options are correct

1.4 Who will prosecute offenders?

A. The court
B. The state
C. Private attorneys
D. Defence attorneys

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1.5 What is an omission?
A. A failure to act
B. A positive act
C. A crime
D. A delict

Question 2 (10 marks)

True/false questions

Consider the following list of statements. Each statement is either true or false. You must read
each statement carefully and then select the option that you believe is correct. Write down only
the question number and next to the number either “True” or “False”.

Example: If you believe sub-question 2.6 is true, then write down: 2.6 True.

2.1 Public law refers to the rules that regulate the relationships between subjects and the
State as authoritative power and between state departments.
2.2 A crime is usually committed against a public interest, which means that the State will
be involved.
2.3 The theories of punishment demonstrate the different purposes of sentencing.
2.4 The act does not form the basis of liability.
2.5 An omission to act must also be voluntary.
2.6 The test for factual causation is the conditio sine qua non.
2.7 Intention comprises two elements, namely a cognitive and conative element.
2.8 A person who does not know that his or her conduct is unlawful cannot have an
intention to commit a crime.
2.9 An accomplice does not comply with all the elements of the crime but furthers its
commission unlawfully and intentionally.
2.10 Criminal liability can also be based on common purpose.

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Question 3 (30 marks)

Having heard that they have passed the LCR500 examination, X and his friends decide to
celebrate the good news by having a party. During the evening, they consume various large
quantities of Vodka shooters and expensive Whiskey. After six Vodka shooters and half a bottle
of Whiskey, X becomes involved in an argument with Y. X hits Y over the head with an empty
bottle, breaking the bottle. Z tries to calm X down and restrain him, but X stabs him with the
broken bottle, severely injuring Z’s upper arm. Y dies as a result of X’s attack, and Z is seriously
injured. X did not act in private defence when he assaulted Y and Z. X is charged with murdering
Y and with assault with intent to do grievous bodily harm in respect of Z.

3.1 Fully discuss, with reference to the rules relating to the effect of intoxication on criminal
liability, the question of whether X may, as a defence, rely on the fact that he had been
under the influence of liquor at the time he committed the acts. Refer to case law. (15)

3.2 Apart from the effect of intoxication on the criminal liability of X, what would be the
appropriate procedure for the court to follow in terms of the Criminal Procedure Act if
X, at the first court appearance, shouts that the dragon on his lap had instructed him
that day to kill Y and Z? Identify the appropriate procedure and comprehensively discuss
this procedure with reference to the applicable legislative provisions and case law. (15)

Question 4 (20 marks)

Explain and give examples of the following concepts:

4.1 Perjury (5)

4.2 Extortion (5)
4.3 Housebreaking with intent to commit a crime (5)
4.4 Forgery and uttering (5)

Question 5 (25 marks)

5.1 Discuss the requirements for private defence as grounds of justification with reference
to case law. (15)
5.2 Discuss and give examples of the different theories of causation. (10)

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Question 6 (10 marks)

X has been suffering from epileptic fits for twenty years. One day, he decides to drive to a shop
to buy a newspaper. He realises that he may unexpectedly suffer an epileptic fit while driving
but hopes that it will not happen. While driving to the shop, he suffers an epileptic fit. The car
swerves to the wrong side of the road and collides with an oncoming vehicle. Y, the driver of the
oncoming vehicle, dies in the collision. X is charged with culpable homicide.

Discuss, with full reference to relevant case law, the question of whether X may successfully
raise the defence that he did not commit a voluntary act. (10)

Examination Total: 100 marks

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