Exam (elaborations)
CRW2602 CRIMINAL LAW EXAM PACK
- Institution
- University Of South Africa
CRW2602 CRIMINAL LAW EXAM PACK. This is a complete and an all-inclusive guide to CRW2602 - Criminal Law: Specific Crimes.
[Show more]
Content preview
CRW2602CRIMINAL LAW
EXAM PACK
, 1
PART A (MULTIPLE-CHOICE QUESTIONS)
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) 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.
“The expert in anything was once a beginner”
, 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).
“The expert in anything was once a beginner”
, 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
“The expert in anything was once a beginner”
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller STUDYLAB2023. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R62,94. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
83637 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now