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UNIVERSITY OF KWAZULU-NATAL, PIETERMARITZBURG
EXAMINATIONS: JUNE 2007
SUBJECT: CRIMINAL LAW
DURATION: 3 HOURS TOTAL MARKS: 100
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External Examiner: Professor S E van der Merwe Internal Examiner: Professor S V Hoctor
INSTRUCTIONS: Answer ALL the questions in Section A, and THREE questions from Section B. Read the questions carefully. Wherever appropriate, substantiate your arguments with case law.
SECTION A
ANSWER ALL QUESTIONS
QUESTION 1
In a detailed and careful discussion, analyse the impact of the case of S v Chretien 1981 (1) SA 1097 (A) on the principles of criminal liability in South African law. (30)
QUESTION 2
Write notes on TWO of the following topics:
a. strict liability b. disciplinary chastisement c. establishing a defence of sane automatism (2 x 5 = 10)
TOTAL MARKS FOR SECTION A: [40]
SECTION B
ANSWER THREE (3) QUESTIONS ONLY
QUESTION 3
A works for a courier company in Pietermaritzburg. One Friday night A is relaxing at a pub with his friends, when he receives a call from his boss, B, who tells him that an urgent package needs to be delivered to the airport in Durban, and that no other driver is available. When A tells B that he has been drinking, and that he is not sure that he is able to drive properly, B stresses that this delivery has to be made, as this is a very important client of the business, saying ‘come on A, I give you permission to drive’. A reluctantly agrees. B gratefully arranges for the delivery vehicle and package to be brought to the pub, whilst A’s friends insist that, since he was ‘deserting’ them, while waiting he should have ‘a few for the road’. The vehicle arrives, and A sets off. A considers for a moment that driving at speed while intoxicated may be dangerous to himself and other road-users, but then puts this thought out of his mind, and sets off, changing lanes at high speed. On the way out of Pietermaritzburg, A hits a pedestrian, C, who is lawfully crossing the road at the traffic lights. C later dies in hospital of her injuries. Discuss (i) who may be held liable for C’s death, and what crime(s) has been committed, and (ii) whether s1 of Act 1 of 1988 will be applicable as an alternative charge to the main charge. (20)
QUESTION 4
When does a failed attempt give rise to criminal liability? (20)
QUESTION 5
(a) In S v Tembani 2007 (1) SACR 355 (SCA), the Supreme Court of Appeal, per Cameron JA, held that ‘the deliberate infliction of an intrinsically dangerous wound, from which the victim was likely to die without medical intervention, must generally lead to liability for an ensuing death, whether or not the wound was readily treatable, and even if the medical treatment given later was substandard or negligent, unless the victim so recovered that at the time of the negligent treatment the original injury no longer posed a threat to life’.
Comment on this decision in the light of the relevant decided case law. (15) Continued….
