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Exam (elaborations)

CRW2602 EXAM PACK 2022

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CRW2602 EXAM PACK 2022

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  • February 3, 2022
  • 67
  • 2021/2022
  • Exam (elaborations)
  • Questions & answers
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MUTIPLE CHOICE




Question 1

(i) Public violence can only be committed in a public place.
(ii) The crime of common-law perjury can only be committed if the
particular statement is made orally.
(iii) If X attempts to induce Y, a witness in a court case to give false
evidence in court, X’s conduct may amount to committing the
crime of defeating or obstructing the course of justice.

(1) Only statements (i) and (iii) are correct.
(2) Only statements (i) and (iii) are correct.
(3) Only statement (ii) is correct.
(4) Not one of these statements are correct (5) Only statement (iii) is
correct.

Question 2

(i) X may be guilty of corruption even if he or she only makes an
offer to Y to give Y an improper benefit (assuming that X has an
intention required for corruption).
(ii) In order to prove the requirements of the acct in the crime of
possession of a drug, it is sufficient for the prosecution to prove
either that X had exercised control over the drug as if he or she
were the owner, or that he or she had exercised control over it
on behalf of somebody else.
(iii) If X buys a dagga cigarette from Y in order to smoke it him-or
herself, he or she commits an act in connection with the sale of
dagga and is accordingly guilty of dealing in drugs.

(1) Only statement (i) is correct
(2) Only statements (i) and (ii) are correct
(3) Only statements (ii) and (iii) are correct (4) Only statement (ii) is
correct
(5) Only statements (i) and (iii) are correct.

,Question 4

(i) The crime of unlawfully possessing a weapon is defined by the
legislature in such a way that X commits the crime only if he or
she exercises control over the weapon with the intention of
possessing it as an owner for his or her own benefit.
(ii) Negligence is a sufficient form of culpability in the crime of
unlawfully possessing an arm.
(iii) If a female commits an indecent act with an 18-year-old boy she
renders herself guilty of contravening a provision of the Sexual
Offences Act 23 of 1957.

(1) Only statement (iii) is correct.
(2) Only statements (i) and (iii) are correct.
(3) Only statements (i) and (ii) are correct.
(4) Only statement (ii) is correct.
(5) Only statement (i) is correct.

Question 5

(i) In order to be convicted of common-law abduction, the
prosecution must prove that X in fact married the minor or had
sexual intercourse with her.
(ii) Common-law abduction is only committed if the removal of the
minor takes place violently.
(iii) Common-law abduction can also be committed in respect of a
male (as opposed to a female) minor.

(1)Only statement (i) is correct.
(2) Only statements (i) and (ii) are correct.
(3) Only statement (iii) is correct.
(4) Only statements (i) and (iii) are correct.
(5) Not one of these statements is correct.

Question 6

,(i) It is quite possible for a person to render him-or herself guilty of
contempt of court even if he or she did not have culpability in
the form of intention, but only in the form of negligence.
(ii) A person can be convicted of assault with the intent to do
grievous bodily harm only if he or she had indeed inflicted
grievous bodily harm on the complainant.
(iii) If X, a male, intentionally puts his hand on the breast of Y, a
female, without her consent, but without injuring her, he may
render himself guilty of indecent assault.

(1) Only statement (iii) is correct.
(2) Only statements (i) and (iii) is correct.
(3) Only statement (ii) is correct.
(4) Only statements (i) and (ii) are correct.
(5) Only statements (ii) and (iii) are correct.

Question 7

(i) If a male, X, secretly watches a female, Y, while she is
undressing, he can be convicted of crimen iniuria even if, at the
time she was undressing, Y was not even aware that someone
was watching her.
(ii) If X plants a bugging device in Y’s flat and listens to Y’s
conversations without Y’s consent, X can be convicted of crimen
iniuria only if the conversation which X overhears contains
something scandalous or improper.
(iii) Arson can only be committed in respect of immovable property.

(1) All these statements are correct.
(2) Only statement (iii) is correct.
(3) Only statements (i) and (ii) are correct.
(4) Only statements (i) and (iii) are correct.
(5) Only statements (ii) and (iii) are correct.



Question 8

(i) The reason the word “malicious” appears in the crime
“malicious injury to property” is that this crime can be

, committed only if X had an evil motive when he damaged the
property.
(ii) For the purpose of the crime of forgery a document is deemed to
be forged if it contains an untrue statement.
(iii) A person may only be convicted of fraud if it is proved that the
person to whom he or she had made the misrepresentation was
in fact misled by the misrepresentation.

(1) Only statement (ii) is correct.
(2) Only statement (iii) is correct.
(3) Only statements (i) and (ii) are correct.
(4) Not one of these statements is correct.
(5) Only statements (i) and (iii) are correct.



Question 9

(i) The threat of violence in robbery may either be express or
implied.
(ii) In robbery there must be a causal link between the application
of violence and the acquisition of the property.
(iii) For the conviction of fraud a causal link between the
misrepresentation and the prejudice is not required.

(1) Only statement (i) is correct
(2) Only statement (iii) is correct.
(3) All three statements are correct.
(4) Only statements (i) and (ii) are correct.
(5) Only statements (i) and (iii) are correct.




Question 10

(a) An indirect perpetrator is a person who makes use of somebody
else to commit a crime.
(b) Williams 1980 (1) SA 60 (A) is authority for the point of view that a
person may be convicted as an accomplice to the crime of murder.

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