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PBL 420 - Tutorial 1 - Preparation for semester test 1
- Course
- Criminal Law (PBL420)
- Institution
- University Of Pretoria (UP)
The is the full typed out tutorial 1 done in preparation for semester test 1.
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Tutorial 1 – Semester test 1 preparationIncomplete crimes
Theoretical questions
1. What are the three essential elements that need to be present in a set of facts that will indicate that the accused might
be guilty of ATTEMPT to commit a crime?
There is an act directed at an existing crime but for some reason the crime is not completed
2. With regards to COMPLETE ATTEMPT
2.1. How will you identify “Completed Attempt” in a set of facts?
A person does everything from his/her side but for some reason the crime is not completed, whether it be due to a
lack of skill, lack of foresight or another unforeseen event or obstacle
2.2. Which two cases is relevant here?
Laurence – he did everything from his side to publish the article and was guilty of attempting to contravene the
Suppression of Communism Act
Mshumpa – guilty of completed attempt when you have done everything you wanted to do to commit the crime
3. With regards to INCOMPLETE ATTEMPT
3.1. What are the two main indicators for Incomplete Attempt?
Person acts with the aim of committing a pre-existing crime but will not be able to complete the act due to an
interruption or voluntary withdrawal
3.2. With regards to “interrupted attempt” answer the following questions:
3.2.1. In a set of facts, how will you identify an interruption to an attempt to commit a crime?
A person is busy in the act something or someone interrupts the person before the act is completed and if it
were not for the interruption the crime would have been committed
3.2.2. What is the relevance of R v Schoombie in this regard?
Court noted the important distinction between an act of preparation and an act of consummation. Only acts
that’s have gone over into acts of consummation are punishable as an attempt
3.2.3. What constitutes an act of consummation? Refer to the Du Plessis case in your answer.
Act of preparation becomes an act of consummation when the act of preparation becomes unlawful. In the Du
Plessis case a man wrote a book about the revolution war that contravened the Official Secrets Act. He sent
the book to the legal advisors and it was intercepted by the police. The court held that in determining whether
an act is one of consummation an objective/factual enquiry needs to be done into the particular facts of the
case and the following factors need to be considered:
• If at the time of the interruption the accused had the intention to commit the crime;
• The degree of proximity or remoteness that the conduct had to what would have been the final crime;
and
• A factual consideration
By sending the manuscript to the legal advisors he voluntarily withdrew publishing the book and this
interrupted his attempt
3.3. With regards to VOLUNTARY WITHDRAWAL
3.3.1. How will you identify “Voluntary Withdrawal” in a in a set of facts?
When a person acting with the intention of committing a crime voluntarily withdraws from the situation and
the act the act is not completed
3.3.2. In terms of the du Plessis case, at what stage can an accused still voluntary change his mind and NOT be
criminally liable?
Court held that if a person voluntarily withdraws before the act becomes an act of consummation such an act
is not punishable as an attempt. However, once the person has started with the act of consummation and then
withdraws it will be too late, and they will be guilty of an attempt to commit a crime
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