CRW2602 _Criminal_Law_Test_Bank.
Question 1
(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...
(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.
, 2
You should, therefore, have chosen option (4) since only statement (c) is correct.
Question 4
(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).
, 3
(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.
You should, therefore, have chosen option (1) since only statement (a) is correct.
Question 7
(a) This statement is incorrect. See SG 8.6.1.2; 8.6.1.3 and Casebook 251-252.
The mere assumption of control over property which belongs to someone else is
insufficient for completed theft, but it is sufficient to amount to the crime of
attempted theft.
(b) This statement is incorrect. See SG 5.2.1. X complies with the definition of
murder which is the unlawful and intentional causing of the death of another
person.
(c) This statement is incorrect. See SG 12.4 and Summary (5). The structure
may be any movable or immovable property that is or might ordinarily be used for
human habitation, or any immovable structure which is, or might be used for
storage or housing of property.
You should, therefore, have chosen option (5) since none of these statements is
correct.
Question 8
(a) This statement is incorrect. See SG 7.2.4. Crimen iniuria involves only two
parties whereas the crime of defamation involves three parties.
(b) This statement is correct. See SG 7.2.7.3.(5)
(c) This statement is incorrect. See SG 6.1.9. The crime of assault is an
intentional crime and can take the form of direct intention, indirect intention or
dolus eventualis.
You should, therefore, have chosen option (2) since only statement (b) is correct.
Question 9
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