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Assignment 1 1 st^ semester 2023 1.The Supreme Court of Appeal in Eadie 2002 (1) SACR 663 (SCA) held that: a) A plea of non-pathological criminal incapacity owing to emotional stress and provocation is nothing else than the defence of relative forces. b) 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. c) for the defence of non-pathological criminal incapacity to succeed, there is need to prove that, at the time of commission of the act, X was suffering from mental illness. d)a plea of non-pathological criminal incapacity owing to emotional stress and provocation is nothing else than the defence of insane automatism. ANSWER B 2.In the case of Henry 1999 (1) SACR 13 (SCA), the appellant was found: a) not guilty of two counts of murder, as his defence of sane automatism was accepted. b) not guilty of two counts of murder, as his defence of insane automatism was accepted. c) guilty of two counts of murder,and his defence of insane automatism was rejected. d) guilty of two counts of murder, and his defence of sane automatism was rejected. ANSWER D
- In the case of Mokgethi 1990 (1) SA 32 (A), the Appellate Division held that: Select one: a) the bullet wound was the legal cause of the deceased’s death. b) there was not sufficient causal connection between the bullet wound and the deceased’s death. c) the bullet wound was both factual and legal cause of the deceaseds death. d) the was a sufficient casual connection between the bullet wound and the deceaseds death. ANSWER B 4.Read the following facts then choose the correct option: X obtains consent from Y, a mental-I’ll woman, to have sexual intercourse with her: Select one: a)X cannot rely on the consent as a ground of justification since Y is not endowed with minimum mental abilities. b) X cannot rely on the consent as a ground of justification since he should have obtained Y’ parent’s consent first
c) X can rely on the consent as a ground of justification since Y’s consent was obtained during a period of lucidum intervallum. d) X can rely on the consent as ground of justification since he has complied with all the requirements of consent. ANSWER A Feedback from assignment 1st^ semester
- Read the following facts and choose correct answer : a bomb explodes in the Bulding in the city Center, injuring several people inside, X the driver of the ambulance drives as fast as he can through a busy street to reach in the building in time to save people inside the building. In the course of doing so, he drives through an intersection while the robot is red colliding with another vehicle. ANSWER X’s conduct is not negligent because although he did foreseen the conduct may result in injury to other people on the street. A reasonable person in these circumstances would decide it’s not necessary to take steps to guard against causing injury.
- Read the following facts and then choose the correct option: ANSWER X may rely on private defence on a charge of murder since he was not aware of the unlawfulness of his act and lacked intention. 7. Read the following facts then choose the correct option below: X intends on shooting Y who is sitting in a restaurant with other people. X is aware that there is a possibility that he might shoot the other customers but reconciles himself with this possibility. X goes ahead and shoots and injured some customers. Which form/s of intention does X have in respect of Y and the customers? ANSWER Direct intention and dolus eventualis.
- Read the following facts and then choose the correct option below: X, a 16- year -old schoolboy,committed culpable homicide when he stabbed a fellow schoolboy during an altercation. The test for negligence in this case will be: ANSWER That of a reasonable 16-year-old schoolboy
ANSWER
15.Read the following facts then choose the correct option below: X is a minibus taxi-driver and transports children to school. X always crosses a railway crossing with his taxi just before the train passes, while ignoring the warning lights and bypassing the boom. X knows that his conduct is dangerous. One morning, X again approaches the crossing with his minibus taxi. X thinks he will manage to cross in time, as he has always done so. However, the taxi is hit by the train, resulting in the death of the children in the minibus. X will: Select one: a) be guilty of murder as he had dolus eventualis in causing the children’s death. b) be guilty of murder as he had indirect intention in causing the children’s death. c) not be guilty of murder as he had no direct intention in causing the children’s death. d) not be guilty of murder as he did not reconcile himself to the possibility of the train hitting the taxi. Feedback not be guilty of murder as he did not reconcile himself to the possibility of the train hitting the taxi.
- Read the following facts then choose the correct option below: X commits culpable homicide. Evidence reveals that X was intoxicated when he committed the act. What is the legal position in this situation? X will: Select one: a) be guilty of culpable homicide as his intoxication does not exclude his negligence. b) not be guilty of culpable homicide, nor will he be convicted of being in contravention of section 1 of Act 1 of 1998. c) be in contravention of section 1 of Act 1 of 1998. d) not be guilty of culpable homicide as he was so intoxicated that he did not know what he was doing. Feedback be guilty of culpable homicide as his intoxication does not exclude his negligence.
- Which one of the following statements is correct? Select one: a) De Blom 1977 (3) SA 513 (A) is authority for the statement that ignorance of the law always excludes culpability in the form of negligence. b) In order to kill a bothersome baboon that has been ransacking his mealie fields, X leaves a poisoned banana outside his farmhouse. However, one of the farm workers' children eats the banana and dies. This situation is known in our law as an error in objecto. c) Goosen 1989 (4) SA 1013 (A) is authority for the statement that mistake relating to the chain of causation may under certain circumstances be a valid defence. d) Knowledge of unlawfulness is a component of criminal capacity and means that X has the ability to distinguish between right and wrong.
Feedback Goosen 1989 (4) SA 1013 (A) is authority for the statement that mistake relating to the chain of causation may under certain circumstances be a valid defence.
- In Lungile 1999 (2) SACR 597 (A), the three accused robbed a shop. A policeman (X) entered upon the scene, and in a wild shoot-out, X shot and killed A, the shopkeeper. On a charge of the murder of A, the court decided that Lungile was: Select one: a) guilty as there was a causal link between his conduct and A’s death. b) not guilty as the shot fired by X, killing A, constituted a novus actus interveniens. c) guilty even though he was mistaken as to the foreseen and the actual course of events. d) not guilty as there was no causal link between his conduct and A’s death. Feedback guilty as there was a causal link between his conduct and A’s death. 19.Which one of the following scenarios does NOT constitute a punishable impossible attempt? Select one: a) X thinks that he is snorting heroin, which is an illegal substance, but it is actually talcum powder. b) X wants to kill Y and pours poison into Y’s wine glass. Y drinks the wine but suffers no ill effects since Y’s wife had knocked the poisoned wine glass over and refilled it with new wine. c) X thinks that adultery is a crime and has an affair with his neighbour’s wife. d) X wants to kill Y and fires a shot at Y, but the gun is not loaded. Feedback X thinks that adultery is a crime and has an affair with his neighbour’s wife. 20.Read the following facts then choose the correct option: A bridge collapses over a very busy highway, injuring several people driving in their cars underneath the bridge. X, a paramedic, drives his ambulance as fast as he can through a busy street to reach the collapsed bridge in time to save the injured people's lives. In the course of doing so, he drives through an intersection while the robot is red, colliding with another vehicle. X’s conduct is: Select one: a)negligent because a reasonable person would have foreseen that the conduct may result in injury and taken steps to guard against causing injury. b) negligent because he should have foreseen that crossing a red robot might result in him colliding with other vehicles and he reconciled himself with that possibility.
- Read the following facts then choose the correct option below: X wants to shoot and kill Z. X fires a shot at Z but misses him. The bullet strikes a pole, ricochets, and kills Y, who is sitting in a stationary car across the street. Y dies immediately as a result of the bullet wound. X had become aware of Y's presence before he fired the shot but decided that there was no possibility of Y being struck by the bullet. In view of the decision of the Appeal Court in Mtshiza 1970 (3) SA 747 (A), X may be convicted of: Select one: a)attempted murder in respect of Z, and culpable homicide in respect of Y if the state can prove that X was negligent in causing the death of Y. b) no crime in respect of Z as Z was not harmed in any way, and culpable homicide in respect of Y if the state can prove that X was negligent in causing the death of Y. c) no crime in respect of Z as Z was not harmed in any way, and murder in respect of Y because of the transferred intent approach. d) attempted murder in respect of Z, and murder in respect of Y because of the transferred intent approach. Feedback attempted murder in respect of Z, and culpable homicide in respect of Y if the state can prove that X was negligent in causing the death of Y. 24.Read the following facts then choose the correct option below: X attends a soccer match between Orlando Pirates and Mamelodi Sundowns as a guest in a hospitality box. He drinks steadily throughout the match and becomes heavily intoxicated. During half-time, Pirates is leading Sundowns with four goals and Y, a Pirates supporter, taunts X about this. X gets involved in an exchange of blows with Y, and not aware of what he is doing, X stabs Y with a knife, killing him. In terms of the Chretien case, X may: Select one: a)not be convicted of contravening section 1 of Act 1 of 1988 as he lacked criminal capacity. b) not be convicted of murder as he did not act voluntarily. c) be convicted of contravening section 1 of Act 1 of 1988 as he acted negligently. d) be convicted of murder as he acted with criminal capacity. Feedback not be convicted of murder as he did not act voluntarily.
25.Read the following facts then choose the correct option: X1 and X2 belong to a criminal syndicate which hijacks cars. X1 and X2 decide to hijack Z’s car as he is about to enter his home complex gate. X1 and X2 inflict a lethal wound upon Z, take his car and drive off. While Z is still alive, X3 who does not know X1 and X2 appears on the scene. X3 has a grudge against Z and stabs Z in his chest. This wound does not however hasten Z’s death. Z dies shortly thereafter. X3 may: Select one: a)be convicted of murder because there is a causal connection between X3’s act and Z’s death. b) not be convicted of murder, only of attempted murder. c) be convicted of murder because he is a co-perpetrator. d) be guilty of murder by virtue of the doctrine of common purpose. Feedback not be convicted of murder, only of attempted murder.
- Read the following facts then choose the correct option below: X wants to shoot and kill Z. X fires a shot at Z but misses him. The bullet strikes a pole, ricochets, and kills Y, who is sitting in a stationary car across the street. Y dies immediately as a result of the bullet wound. X had become aware of Y's presence before he fired the shot but decided that there was no possibility of Y being struck by the bullet. In view of the decision of the Appeal Court in Mtshiza 1970 (3) SA 747 (A), X may be convicted of: Select one: a)attempted murder in respect of Z, and murder in respect of Y because of the transferred intent approach. b) no crime in respect of Z as Z was not harmed in any way, and culpable homicide in respect of Y if the state can prove that X was negligent in causing the death of Y. c) attempted murder in respect of Z, and culpable homicide in respect of Y if the state can prove that X was negligent in causing the death of Y. d) no crime in respect of Z as Z was not harmed in any way, and murder in respect of Y because of the transferred intent approach. Feedback attempted murder in respect of Z, and culpable homicide in respect of Y if the state can prove that X was negligent in causing the death of Y.
- Which one of the following statements is correct? Select one: . a)Goosen 1989 (4) SA 1013 (A) is authority for the statement that mistake relating to the chain of causation may under certain circumstances be a valid defence. b) In order to kill a bothersome baboon that has been ransacking his mealie fields, X leaves a poisoned banana outside his farmhouse. However, one of the farm workers' children eats the banana and dies. This situation is known in our law as an error in objecto. c) Knowledge of unlawfulness is a component of criminal capacity and means that X has the ability to distinguish between right and wrong. d) De Blom 1977 (3) SA 513 (A) is authority for the statement that ignorance of the law always excludes culpability in the form of negligence. Feedback Goosen 1989 (4) SA 1013 (A) is authority for the statement that mistake relating to the chain of causation may under certain circumstances be a valid defence. 30.In Lungile 1999 (2) SACR 597 (A), the three accused robbed a shop. A policeman (X) entered upon the scene, and in a wild shoot-out, X shot and killed A, the shopkeeper. On a charge of the murder of A, the court decided that Lungile was: Select one: a)guilty as there was a causal link between his conduct and A’s death. b) not guilty as the shot fired by X, killing A, constituted a novus actus interveniens. c) not guilty as there was no causal link between his conduct and A’s death. d) guilty even though he was mistaken as to the foreseen and the actual course of events. Feedback guilty as there was a causal link between his conduct and A’s death.
- Which one of the following scenarios constitutes an interrupted attempt? Select one: a)X, intending to publicly humiliate Y, writes a letter to a newspaper that contains abusive allegations about Y and posts it, but the letter is intercepted by the authorities.
b) X, trying to steal from a woman’s handbag, has opened the handbag hoping that its contents will fall out, when he is apprehended by a policeman. c) X, intending to poison her husband, puts poison into his food but notices that the poison did not completely dissolve into the food, and throws the food away. d) X fires at Y and strikes Y, but Y’s life is fortunately saved by prompt medical intervention. Feedback X, trying to steal from a woman’s handbag, has opened the handbag hoping that its contents will fall out, when he is apprehended by a policeman.
- Read the following facts then choose the correct option below: X attends a soccer match between Orlando Pirates and Mamelodi Sundowns as a guest in a hospitality box. He drinks steadily throughout the match and becomes heavily intoxicated. During half-time, Pirates is leading Sundowns with four goals and Y, a Pirates supporter, taunts X about this. X gets involved in an exchange of blows with Y, and not aware of what he is doing, X stabs Y with a knife, killing him. In terms of the Chretien case, X may: Select one: a)not be convicted of contravening section 1 of Act 1 of 1988 as he lacked criminal capacity. b) not be convicted of murder as he did not act voluntarily. Anthea, [Nov 13, 2023 at 23:16] c) be convicted of murder as he acted with criminal capacity. d) be convicted of contravening section 1 of Act 1 of 1988 as he acted negligently. Feedback not be convicted of murder as he did not act voluntarily. 33.Which one of the following scenarios does NOT constitute a punishable impossible attempt? Select one: a)X thinks that adultery is a crime and has an affair with his neighbour’s wife. b) X wants to kill Y and pours poison into Y’s wine glass. Y drinks the wine but suffers no ill effects since Y’s wife had knocked the poisoned wine glass over and refilled it with new wine. c) X thinks that he is snorting heroin, which is an illegal substance, but it is actually talcum powder. d) X wants to kill Y and fires a shot at Y, but the gun is not loaded. Feedback X thinks that adultery is a crime and has an affair with his neighbour’s wife.
a) “but-for causation” or a “but-for” link between X’s act and Y’s death b) a “but-for” link between X’s act and his state of mind at the time. c) a policy consideration which would make X the factual cause of Y’s death. d) a policy consideration which would make X the legal cause of Y’s death. Pg 49 Unit 49 Unit 4.3.
- Criminal capacity relates to a person’s mental health abilities, whereas intention relates to the ….of the blameworthy of the state of mind. a)absence b) presence c) negligence d) presence or absence ANSWER D Pg 104 Unit 7.3.
- The case of …… constitutes an apparent exception to the general rule that the unlawful act and the culpability must have existed at the same moment. a) Thembani 2007 b) Masilela 1968 c) Fourie 2001 d) De Blom ANSWER B Pg 103 Unit 7.2.
- One of the requirements for a valid plea of necessity is that: a) the emergency must be imminent but must not already have begun or have already terminated. b) the emergency must already have begun or be imminent, but must note have been terminated, or be expected only in the future. c) the emergency must be imminent or must be expected at some time in the future. d) the emergency must have terminated. ANSWER B Pg 84 Unit 6.2.
- In the case of material defined crimes, the definitional elements proscribe any conduct: a) that the causes a specific condition. b) that the causes a specific type of link. c) that is accompanied by culpability. d) that is accompanied by unlawfulness. ANSWER A Pg 48 Unit 4.3.
- Read the following facts and then choose the correct option below: suppose X wants to kill Y. She shoots at Y, but the bullet is deflected by a stone , missed Y and hits Z instead. This is an example of: a) Error in subjecto b) Aberration ictus c) Errow in objecto d) dolus enentualis ANSWER B Pg 149 43.According to the theory of adequate causation, an act will be a legal causation, an act will be a legal cause if, according to: a)the experience of the reasonable person, the act has a tendency to bring about that type of effect. b) normal human experience, the act has a tendency to bring about that type of effect. c) the experience of the reasonable person, the act has a tendency to bring about that type of effect. d) the experience of a lawyer, the act has a tendency to bring about that type of effect. ANSWER B
- The rule referred to as the “prohibition on retrospectively” in the principle of legality means that the conduct of the accused person: a)must be recognised as a crime after its commission. b) does not have to be recognised as a crime. c) must be recognised as a crime in common law. d) must have been recognised as a crime at the time of its commission. ANSWER
- Well-known grounds of justification include: a)private defence, right of chastisement and consent. b) private defence, necessity and consent. c) necessity, official capacity and justification. d) necessity, private defence and right if chastisement. ANSWER B Pg 6
- Writers on criminal law use word “act” in wide sense to refer to: a)positive acts b) both an act and an omission. c) active conduct d) positive conduct. ANSWER B
b) fault c) mental ability d) knowledge of unlawfulness. ANSWER C Pg 102 unit 7.2.
CRW
CRW Exam MCQ May/June 2023 1.X will still be quilts of murder if he gives his terminal ill father a fatal dose of drug in order to relieve his father of pain and suffering, since: a)X committed an act that must be performed by a qualified physician. b) X’s motives is immaterial c) X should have obtained his father’s express consent. d) x had a selfish motive ANSWER B Pg 135 Unit 9.
- Read the following facts then choose the correct option: X a makes, a member of the security personnel at intern search on Y, also a male, before Y boards an intentional flight. Y complains that ZX should not have touch him. X a) guilty of a crime since he should not touch another person without that person’s express consent. b) not guilty of a crime since he is a security officer and cab validly raise the ground of justification of necessity. c) not guilty of a crime since he is a security officer and cab validly raise the ground of justification of official cap
a) A court may not consider the constitutionality of a common-law rule or change it. b) The courts have the major responsibility for law reform. c) A court may not broaden the definition of the common-law crime of rape. d) A court may extend a crime’s field of application, but not to the detriment of the accused. ANSWER D Page 16 Unit 2.5.
- If the defence of youth is successful, the court will find X not guilty and: a) placeX under the court’s supervision. b) acquit X. c) place X under adult supervision. d) acquit X, but charges X’s parents. ANSWER
- When proving X’s intention, factors involving general human experience, are an example of: a) objective proof of intention. b) reasonable proof of intention. c) indirect proof of intention. d) direct proof of intention. ANSWER
- Person such as police officials, soldiers and firefighters cannot rely on necessity as ground of justification because a) are aware of the dangers associated with their profession. b) themselves are often responsible for the situation of emergency c) have a duty to protect innocent third parties or members of the public. d) are legally compelled to endure the dangers inherent in the exercise of the their profession. ANSWER D Page 84 Unit 2.6.
- One of the requirements of the ground of justification of obedience to orders is that the order: a) can be unlawful but given with good intention. b) can be manifestly unlawfull. c) must be lawful. d) can be lawful or unlawful. ANSWER B Page 96
- Read the following facts then choose the correct option: X is a police official who is ordered by his supervisor to arrest … of arresting him. X can: a)not rely on the ground if justification of obedience to ordes since he caused more harm than necessary in ca..
b) rely on the ground of justification of obedience to orders since he obeyed the order of his superior. c) not rely on the ground of justification of obedience to orders since he obeyed a manifestly unlawful order. d) rely on the ground of justification of obedience to orders, but he must give his superior a reason why Y was a… ANSWER
- Conduct can lead to liability only if it is: a) muscular voluntariness b) voluntaty c) willed. d) a bodily movement ANSWER
- The requirement that X’s conduct must be accompanied by culpability, is satisfied if X has committed: ANSWER a)the unlawful act with blameworthy state of mind Page 101 Unit 7.2.
- The rule in the principle of legality that of law must interpret the wording in the definition of a crime strictly… ANSWER a)statutory crimes only b) common-law and statutory c) common law crimes d) delight in the civil war
- The standard by which we test for negligence is generally referred to as: a)
