X wants to buy an expensive Bugatti sports car which he cannot really afford. X
therefore goes to a garage and asks to test drive a Bugatti sports car and then return it
to the garage. While test driving the car around the block, X sees an attractive woman
driving a similar car in the lane next to him. Wanting to impress her, X accelerates and
passes her vehicle while waving at her. Because of this X looses control of the car, the
car leaves the road and ends up on its roof next to the road. X does not sustain any
injuries but is extremely embarrassed. He leaves the car there, gets into a taxi and goes
home.
a.
X commits attempted theft in the form of removal of property.
b.
X commits theft in the form of embezzlement and malicious injury to property.
c.
X commits theft.
d.
X does not commit theft because mere temporary use of an article is not theft.
A regularly goes hiking in the Amazon forest. There A catches exotic butterflies which he
keeps in a beautiful glass container in his son (B’s) bedroom. B wants to buy a new
computer game and therefore secretly takes one of the butterflies from the glass
container without A’s consent and sells it to C for R15 000.00.
a.
B commits theft.
b.
B does not commit theft because the butterfly is a res communes which cannot be
stolen.
, c.
B does not commit theft because the butterfly is a res nullius which cannot be stolen.
d.
B does not commit theft because one cannot steal property which is already in one’s
possession.
X and Y are keen bird watchers and are camping in the Kruger National Park. The live
and store their belongings in a tent. One afternoon while X and Y are on a game drive,
Z walks past the tent. Z unzips the tent a little, inserts his arm through the opening and,
in this way, gains control of X’s binoculars with the intention of appropriating it
permanently. Just as Z walks off with the binoculars he is arrested by S, a security
guard, who witnessed the entire ordeal.
a.
Z commits theft but not housebreaking with the intent to steal because the tent does not
qualify as a structure for purposes of this crime.
b.
Z commits housebreaking with the intent to steal and theft.
c.
Z commits theft but not housebreaking with the intent to steal because he did not enter
the premises.
d.
Z commits housebreaking with the intent to steal and attempted theft.
Clear my choice
A and B are neighbors in a quiet little town. A and B both love baking. When their local
church holds a baking competition, both A and B eagerly participate. B wins first prize for
her vanilla cake and A is placed last in the competition. This infuriates A to take revenge
on B. A dyes B’s poodle pink, smashes the vanilla cake in B’s face and takes B by the
arm, holding unto B’s arm for three hours until B gave her vanilla cake’s recipe to A.
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