(a) This statement is correct. See SG 1.2.2 (vi).
(b) This statement is incorrect. See SG 1.2.7. Dolus eventualis is a sufficient form
of intention.
(c) This statement is correct. See SG 1.2.6.
You should, therefore, have chosen option (4) since only statements (a) and (c) are
correct.
Question 2
(a) This statement is correct. See SG 1.3.4.
(b) This statement is correct. See SG 1.3.4.
(c) This statement is correct. See SG 1.3.4.
You should, therefore, have chosen option (5) since all the statements are correct.
Question 3
(a) This statement is incorrect. See SG 10.1.7. The Appellate division in
Heyne 1956 (3) SA 604 (A) has held that attempted fraud is in fact possible
where a misrepresentation has been made by X, but which has not yet
come to Y’s attention as in the case where a letter containing a
misrepresentation has been lost in the post.
(b) This statement is incorrect. See SG 10.1.3 (3). The misrepresentation in the
crime of fraud can also be committed by an omission where there is a legal
duty on X to disclose a fact.
(c) This statement is correct. See SG 2.4.6.
You should, therefore, have chosen option (4) since only statement (c) is correct.
Question 4
“The expert in anything was once a beginner”
, 3
(a) This statement is correct. See SG 7.4.6.
(b) This statement is incorrect. See SG 7.4.8. For the crime of abduction to be
completed, it is not required that the marriage or sexual intercourse should
have taken place, as all that is required is the intention on the part of X to
commit either one of these acts..
(c) This statement is incorrect. See SG 5.2.1 and the Mshumpa-case in
Casebook 264. The legal definition speaks to the unlawful and intentional
causing of the death of another human being and a foetus is excluded
from this definition.
You should, therefore, have chosen option (1) since only statement (a) is correct.
Question 5
(a) This statement is incorrect. See SG 5.2.1 and SG 6.2.7. X would be convicted
of the crime of culpable homicide if he is negligent as the crime of murder
requires the element of intention.
(b) This statement is incorrect. See SG 3.6.2.4. The speed limit on a public road
outside an urban area is 100km/h.
(c) This statement is correct. See SG 3.6.6.
You should, therefore, have chosen option (3) since only statement (c) is correct.
Question 6
(a) This statement is correct. See SG 3.6.3.
(b) This statement is incorrect. See SG 3.6.2.5 and SG 3.6.3.3 (Activity and
feedback). A police officer who responds to an emergency and causes a
motor vehicle collision while crossing a red traffic light, can be convicted of
negligent driving if he does not drive with ‘due regard’ for the safety of other
road users.
See also S v Groep 2002 (1) SACR 538 (E).
(c) This statement is incorrect. See SG 3.6.4.3 and 3.6.4.5. This crime can be
committed negligently but other road-users had to be present on the road at
the time in order for this offence to have been committed.
“The expert in anything was once a beginner”
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