Assessment 1
Started on Monday, 25 March 2024,
State Finished
Completed on Monday, 25 March 2024,
Time taken
Grade 100.00 out of 100.00
Question 1
Correct
Mark 10.00 out of 10.00
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Question text
The Supreme Court of Appeal in Eadie 2002 (1) SACR 663 (SCA) held that:
Select one:
A.
for the defence of non-pathological criminal incapacity to succeed, there is no need
to prove that, at the time of the commission of the act, X was suffering from a mental
illness.
B.
a plea of non-pathological criminal incapacity owing to emotional stress and
provocation is nothing else than the defence of insane automatism.
C.
a plea of non-pathological criminal incapacity owing to emotional stress and
provocation is nothing else than the defence of relative force.
D.
there is no difference between the conative leg of criminal capacity and the act
requirement in criminal liability that X’s bodily movements must be voluntary.
Feedback
1
,2024 – S1 – CRW2601 – ASSESSMENT 1 – Q&A
Your answer is correct.
The correct answer is:
there is no difference between the conative leg of criminal capacity and the act
requirement in criminal liability that X’s bodily movements must be voluntary.
Question 2
Read the following facts then choose the correct option below: X lives on a farm and
sleeps with a loaded pistol under her pillow for fear of armed robbers. One night X
hears a noise that resembles the opening of a door. X jumps out of bed, grabs her
pistol and shoots towards the door, only to realize later that she has fatally shot her
husband who has unexpectedly returned from a trip to surprise her. On a charge of
murder:
Select one:
A.
X may rely on the absence of culpability because she was mistaken, and her mistake
excluded the intention to murder her husband.
B.
X will not be able to rely on any defence and will be charged with murder.
C.
X may rely on putative private defence because she subjectively found herself in
danger.
D.
X may rely on private defence because she objectively found herself in danger.
Feedback
Your answer is correct.
The correct answer is:
X may rely on the absence of culpability because she was mistaken, and her mistake
excluded the intention to murder her husband.
2
,2024 – S1 – CRW2601 – ASSESSMENT 1 – Q&A
Question 3
Is the following charge valid in terms of the principle of legality? A law prohibiting
smoking e-cigarettes (vaping) in restaurants comes into effect on 1 February 2023.
On 2 February 2023, X, the owner of a restaurant, lays a charge against Y because
Y was vaping in his restaurant on 31 January 2023.
Select one:
A.
The charge laid by X against Y is not valid since it is a vaguely formulated charge.
B.
The charge laid by X against Y is not valid because there is no penalty attached.
C.
The charge laid by X against Y is not valid since it conflicts with the prohibition
against retrospectivity.
D.
The charge laid by X against Y is a valid charge since it complies with the principle of
legality.
Feedback
Your answer is correct.
The correct answer is:
The charge laid by X against Y is not valid since it conflicts with the prohibition
against retrospectivity.
Question 4
Read the following facts then choose the correct option below: X has been charged
with murder. X was mentally ill before and after the commission of the unlawful act,
but she committed the crime at a time when she happened to be sane.
3
, 2024 – S1 – CRW2601 – ASSESSMENT 1 – Q&A
Select one:
A.
X lacked intention to commit the murder.
B.
X did not lack criminal capacity when committing the murder.
C.
X may plead mental illness of a non-permanent nature.
D.
X may plead a lucid interval of mental illness.
Feedback
Your answer is correct.
The correct answer is:
X did not lack criminal capacity when committing the murder.
Question 5
Read the following facts and then choose the correct option: The evidence reveals
that one night while X was walking in his sleep, he trampled upon Y, who happened
to be sleeping on the floor. If X is charged with having assaulted Y, X is ...
Select one:
A.
guilty of assault, as he had the necessary mental abilities to act.
B.
guilty of assault, as his act was unlawful.
C.
not guilty of assault, as he did not have any intention of injuring Y.
D.
not guilty of assault, as his act was not voluntary.
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4
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