CRW2601 EXAM PACK 2022

CRW2601 EXAM PACK 2022. In January 2020, X is charged with drunken driving which he allegedly committed in September 2018. Assume that at that time (in 2018), legislation provided that a first offender could not be sentenced to a period imprisonment for a conviction of drunken driving. However, in 2019, the legislature amends the legislation, giving the courts a discretion to sentence firsts offenders convicted of drunken driving to direct imprisonment for a period not exceeding six months. X, a first offender, is convicted of the crime of drunken driving. The court, relying on the new legislation, sentences him to a period of three months’ imprisonment. With reference to case law, discuss whether the punishment imposed by the court may be challenged on the ground that it violates the principle of legality. [10] QUESTION 2 X’s hobby is to fly a micro-light plane. One day, while flying over a beach, the engine of his plane suddenly stops functioning. X is unable to control the direction of the plane, and it crashes onto the beach. The boat of Y, a fisherman, is damaged as a result of the crash. Y, a very aggressive person, is so furious with X for damaging his boat that he grabs his fishing rod and starts beating X over the head with it. Bystanders come to X’s assistance, but X sustains severe injuries in the attack. (a) If X is charged with malicious injury to the property of Y, discuss which defence X may rely on. (5) (b) Is there any defence that Y may rely on? Briefly explain with reference to case law. (5) [10] QUESTION 3 X stabs Y in his leg with a knife. Y is treated in hospital for the stab wound, and makes good progress. However, after four days in hospital, Y contracts pneumonia. Before he is fully recovered, Y is dismissed from hospital on the ground that there are more critically-ill patients than him who need hospitalisation, and that there are not enough beds available for everybody. Y goes back to his flat where there is nobody to take care of him. He becomes so weak that he stops taking his medication. He dies three days later. The autopsy reveals that Y’s death is the result of the pneumonia. X is charged with Y’s murder. With reference to case law, discuss the burden of proof on the prosecution as regards the element of causation only. [10] S - The study-notes marketplace Downloaded by: miketervis | Distribution of this document is illegal S - The study-notes marketplace Confidential CRW2601 Page 6 of 6 January/February 2021 [TURN OVER] QUESTION 4 X has recently given birth. She is still in hospital. One night, she gets up from her bed, walks to the ward where the babies are kept, and strangles her baby. With reference to legislation and case law, discuss whether X may be convicted of murder or any other crime if the evidence reveals the following: (i) It comes to light that X was suffering from schizophrenia which is a known disease of the mind, and was labouring under hallucinations when she killed her baby. She was seeing monsters, and was hearing a voice instructing her to destroy the ‘monster’ lying in the cradle. (5) (ii) It comes to light that X had been suffering severely for a long time from depression, and that the hormonal changes she had undergone with the birth of the child exacerbated the depression. It also transpires that X had experienced financial problems. She could see no future for the child, and thought that it would be better for the child to die. (5) [10] QUESTION 5 X is the mother of a five-year-old boy, and a single parent. One night, she is awoken at 04:00 by the sound of a person walking down the passage of her house. She gets up, grabs her pistol, and creeps down the passage. In the dark of the lounge, she sees a figure moving behind the sofa. Fear overcomes her and, believing it to be a burglar who is hiding behind the sofa, she fires a shot in the direction of the sofa. When the noise dies down, she inspects the scene, and finds that it is her five-year-old son whom she has killed. It appears that the boy was walking in his sleep when his mother took him for a burglar and shot him. Can X be convicted of murder or any other crime? Discuss with reference to case law. [10] TOTAL: [50] © Unisa 2021 S - The study-notes marketplace Downloaded by: miketervis | Distribution of this document is illegal S - The study-notes marketplace Name: Nompilo Wendy Tembe Module: Crw2601 Date: 08 February 2021 Student: Question 1 The principle of legality An accused may (1) not be convicted of a crime – (a) unless the type of conduct with which she is charged has been recognized by the law as a crime (b) in clear terms (c) before the conduct took place (d) without it being necessary to interpret the words in the definition of the crime broadly in order to cover the accused’s conduct; and (2) if convicted, not be sentenced unless the sentence also complies with the four requirements set out above under 1(a) to (d). With regards to the facts of the scenario an accused may not be convicted of a crime unless the type of conduct with which she is charged has been recognized by the law as a crime and before the conduct took place. The accused if convicted, not be sentenced unless the sentence also complies with the four requirements set out above under 1(a) to (d). when X committed the offence of drinking driving in 2018 a first offender could not be sentenced to imprisonment but that changed in 2019 where they could be sentenced to imprisonment. And in January 2020 he was charged and sentenced to in imprisonment with regards to the new legislation which is against the principle of legality because when he committed the offence a first time offender could not be sentenced to imprisonment the legislation came in after he had committed the offence thus it did not apply to him. This is against the nulla poena rule.