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CRW1501 EXAM PACK 2023.
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CRW1501EXAM
PACK
2023
ADMIN
[COMPANY NAME]
,Unit 1 - Intro
Distinguish between a crime and a delict.(5)
Crime Delict
1 Directed against public interests. Directed against private interests.
2 Form part of public law. Form part of private law.
3 State prosecutes. Private party institutes action.
4 Result in the imposition of punishment by Result in the guilty party being ordered to
the state. pay damages to the injured party.
5 State prosecutes perpetrator irrespective Injured party can choose whether he wishes
of the desires of private individual. to claim damages or not.
6 Trial governed by rules Trial governed by rules of civil procedure.
of criminal procedure.
(a) Name the four requirements for criminal liability in the correct sequence.
(5)
1. Conduct - -Conduct can lead to liability only if it is voluntary ie. capable of
subjecting his bodily or muscular movements to his will or intellect.
, - An omission can lead to liability only if the law imposed a duty on X to act
positively and he failed to do so.
2. which complies with the definitional elements of the crime - Definitional
elements is the concise definition of the type of conduct and the circumstances in
which that conduct must take place in order to constitute an offence
3. which is unlawful - Conduct that is contrary to the totality of the rules of law,
including rules which in certain circumstances allow a person to commit an act
which is contrary to the letter of legal prohibition or norm.
4. and culpable - ie. grounds upon which X may personally be blamed.
- Subrequirements
1. Criminal Capacity
a) The ability to appreciate the wrongfulness of his act
b) The ability to act in accordance with such an appreciation 2.
Act must be either intentional or negligent
(b)X, a sixty-three-year-old public prosecutor who suffers from diabetes, is
charged with the crime of corruption. The state’s evidence reveals that X
received R30 000 from Y in exchange for destroying a police docket which
implicated Y in several fraudulent activities. X is convicted of corruption. X
has no criminal record. The state prosecutor argues that the appropriate
sentence for X’s crime is imprisonment for a period of five years because
persons in public office should be deterred from abusing their powers. X’s
legal advisor disagrees with these submissions. She argues that
imprisonment for a period of five years is too harsh a sentence, considering
the age, health and clean record of the accused. In her view, a sentence of
imprisonment would place too much emphasis on general deterrence, and
disregards the principle of proportionality embodied in the theory of
retribution. With reference to the decision in Zinn 1969 (2) SA 537 (A),
discuss the merits of these arguments. In your answer you must explain the
difference between the absolute and relative theories of punishment. (7)
in Zinn the court held that three factors must be taken into account when a court
sentences an offender. These factors are:
the crime, the
criminal, and the
interests of society.
By “crime” is meant that regard must be taken concerning the degree of harm or the
seriousness of the violation. This consideration is important in terms of the theory of
, retribution. The theory of retribution is an absolute theory of punishment which means
that punishment is an end in itself and not a means to a second end. Punishment is
justified because it is the offender’s just desert. Retribution requires the restoring of the
legal balance which has been disturbed by the commission of the crime. The theory
therefore requires that the extent of the punishment must be proportionate to the extent
of the harm done. In deciding upon an appropriate punishment, application of the theory
of retribution is imperative, because it is the only theory of punishment which requires a
proportional relationship between the harm done and the punishment imposed.
Conversely, the relative theories of punishment strive to achieve a secondary goal: for
example, deterrence of the community or the offender, reformation of the offender or
prevention of the crime. In Zinn it was held that, apart from the seriousness of the crime,
the interests of the criminal should also be taken into account. Relative theories of
punishment (eg the reformative theory) are relevant in this context. The court must
consider which punishment will be appropriate considering the person and personality of
the offender.
Questions that may arise in this context is whether the offender should be incarcerated,
or whether he or she can be reformed by some other kind of punishment, (eg community
service).The theory of individual deterrence is also applicable in the context of the
“criminal”.
Will the punishment deter him or her from engaging once again in criminal activity?
The consideration of the “interests of society” requires, amongst other things, that
society must be protected from criminals. This consideration forms the basis of the
preventive theory of punishment. Furthermore, the community must be deterred from
crime (the theory of general deterrence).
It is clear that the so-called “triad in Zinn” requires a combination theory of punishment
that accommodates the ideas of retribution, deterrence, prevention and reformation.
According to the retributive theory, punishment is justified because it is X’s
just desert. Explain the philosophy underlying retribution (or “just desert”). (4)
According to the retributive theory, punishment is justified because it is X’s just desert.
The underlying idea can be explained as follows: the legal order offers every member of
society certain advantages, while at the same time burdening him/her with certain
obligations. The advantages are that the law protects him because it prohibits other
people from infringing upon his basic rights or interests, such as his life, physical integrity
and property. However, these advantages can only exist if each member of society fulfils
his obligations, namely refrains from infringing upon other members’ rights. If a person
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