LCR4803: CRIMINAL LAW: SPECIFIC CRIMES VERIFIED ANSWERS
AND QUESTIONS - MOST RECENT EDITION 2026/2027
1. What is the general definition of homicide in South African criminal law?
Answer: Homicide is the unlawful, intentional killing of another human being.
It encompasses murder and culpable homicide, distinguished mainly by the
presence or absence of dolus (intent).
2. What are the essential elements of murder?
Answer: The elements of murder are: (1) an act or omission by the accused;
(2) causing the death of another person; (3) unlawfulness; and (4) intention to
kill (dolus).
3. What is dolus directus in the context of murder?
Answer: Dolus directus refers to direct intent, where the accused's primary
aim and purpose is to bring about the death of the victim.
4. What is dolus eventualis and how does it apply to murder?
Answer: Dolus eventualis exists where the accused foresees the possibility of
the victim's death as a result of their conduct and reconciles themselves with
that possibility. It is sufficient for murder.
5. What is culpable homicide?
Answer: Culpable homicide is the unlawful, negligent killing of another
person. The accused does not intend death but fails to meet the standard of
the reasonable person, resulting in death.
6. How does the 'year-and-a-day rule' feature in South African law?
Answer: South African law does not formally adopt the English year-and-a-
day rule. Causation is assessed on general principles — the unlawful act must
be the proximate or legal cause of death, regardless of time elapsed.
7. What is the test for causation in homicide?
Answer: The two-stage test applies: (1) factual causation — the 'but for' test
(but for the accused's act, would the deceased have died?); and (2) legal
causation — was the act a sufficiently direct or proximate cause?
8. What is the novus actus interveniens doctrine?
, Answer: A novus actus interveniens is a new intervening act that breaks the
chain of causation between the accused's conduct and the victim's death,
potentially relieving the accused of liability.
9. What is the 'thin skull' rule and how does it apply to murder?
Answer: The thin skull (or eggshell skull) rule provides that the accused must
take the victim as they find them. If the victim has a pre-existing condition that
makes death more likely, the accused is still liable for murder.
10. What is the significance of S v Masilela regarding murder?
Answer: In S v Masilela, the court held that intention to kill includes dolus
eventualis. The accused need not desire death; foreseeing it as a real
possibility and proceeding regardless suffices for murder.
ASSAULT
11. Define assault in South African criminal law.
Answer: Assault is any unlawful and intentional act which directly or indirectly
applies force to the person of another, or which threatens another with
immediate personal violence causing a reasonable apprehension of such
violence.
12. What are the two forms of assault recognised in South African law?
Answer: The two forms are: (1) assault by applying force to another person's
body; and (2) assault by threatening another with immediate personal violence
(assault by words or gestures).
13. What is assault with intent to do grievous bodily harm (GBH)?
Answer: Assault GBH is an aggravated form of assault where the accused
intentionally applies force intending to cause serious bodily harm, or does
cause such harm. It attracts heavier sentencing.
14. What must the threat in assault cause in the victim?
Answer: The threat must cause a reasonable apprehension of immediate
personal violence. The test is objective — would a reasonable person in the
victim's position fear immediate violence?
15. Can words alone constitute assault?
Answer: Yes. Words accompanied by conduct or gestures that create a
reasonable apprehension of immediate violence can constitute assault. Words
alone without any accompanying act are generally insufficient.
16. Is consent a defence to assault?
, Answer: Consent may be a defence to assault, but it has limits. Consent to
minor physical contact is valid, but consent to serious bodily harm is generally
not recognised as a defence in South African law.
17. What is the relevance of 'unlawfulness' in assault?
Answer: Unlawfulness means the act is not justified by any ground of
justification such as consent, self-defence, or lawful chastisement. Without
unlawfulness, the act does not constitute assault.
18. How does public policy limit consent as a defence to assault?
Answer: Courts may refuse to recognise consent where the harm is so
severe that public policy considerations override individual autonomy. Consent
to a deadly fight, for instance, may not negate unlawfulness.
19. What role does intent play in assault?
Answer: Intent is essential. The accused must intend to apply force or to
threaten another with immediate violence. Negligently causing physical
contact does not constitute assault.
20. What is common assault and how is it distinguished from assault GBH?
Answer: Common assault involves applying force or threatening violence
without necessarily intending serious harm. Assault GBH requires intent to
inflict grievous bodily harm or actual infliction of such harm.
SEXUAL OFFENCES
21. What legislation governs sexual offences in South Africa?
Answer: The Criminal Law (Sexual Offences and Related Matters)
Amendment Act 32 of 2007 (SORMA) is the primary legislation governing
sexual offences, replacing the common law rape definition.
22. How is rape defined under SORMA?
Answer: Under SORMA, rape occurs when a person ('A') unlawfully and
intentionally commits an act of sexual penetration with a complainant ('B')
without their consent.
23. What constitutes 'sexual penetration' under SORMA?
Answer: Sexual penetration includes any act which causes penetration to any
extent whatsoever by the genital organs of one person into or beyond the
genital organs, anus, or mouth of another; or by any other body part or object
into the genital organs or anus of another.
24. Who can be a victim of rape under SORMA?
, Answer: Under SORMA, both males and females can be victims of rape. The
legislation uses gender-neutral language, recognising rape of men, women,
and children.
25. What is compelled rape under SORMA?
Answer: Compelled rape occurs where person A unlawfully and intentionally
compels a third party (C) to commit an act of sexual penetration with
complainant B without B's consent.
26. How is consent defined in sexual offences?
Answer: Consent means voluntary or uncoerced agreement. SORMA lists
circumstances where apparent consent is not real, including submission due
to force, threats, or where the complainant is unconscious or mentally
impaired.
27. What is sexual assault under SORMA?
Answer: Sexual assault occurs when A unlawfully and intentionally commits
an act of sexual violation with B without their consent. It covers acts of sexual
violation that do not involve penetration.
28. What is 'sexual violation' under SORMA?
Answer: Sexual violation is any act causing another person to be sexually
penetrated without their consent, or causing sexual arousal or stimulation, or
inspiring fear of a sexual nature.
29. Can a husband rape his wife under South African law?
Answer: Yes. Marital rape is recognised. SORMA and prior case law (S v
Mvamvu) abolished the marital rape exemption. Marriage does not imply
permanent consent to sexual intercourse.
30. What are the special provisions under SORMA for child complainants?
Answer: SORMA provides enhanced protections for child complainants,
including closed-circuit television testimony, intermediaries, and restrictions on
cross-examination about prior sexual history.
ROBBERY
31. How is robbery defined in South African criminal law?
Answer: Robbery is the unlawful and intentional theft of property using
violence or threats of violence against a person to facilitate the theft.
32. What are the elements of robbery?
AND QUESTIONS - MOST RECENT EDITION 2026/2027
1. What is the general definition of homicide in South African criminal law?
Answer: Homicide is the unlawful, intentional killing of another human being.
It encompasses murder and culpable homicide, distinguished mainly by the
presence or absence of dolus (intent).
2. What are the essential elements of murder?
Answer: The elements of murder are: (1) an act or omission by the accused;
(2) causing the death of another person; (3) unlawfulness; and (4) intention to
kill (dolus).
3. What is dolus directus in the context of murder?
Answer: Dolus directus refers to direct intent, where the accused's primary
aim and purpose is to bring about the death of the victim.
4. What is dolus eventualis and how does it apply to murder?
Answer: Dolus eventualis exists where the accused foresees the possibility of
the victim's death as a result of their conduct and reconciles themselves with
that possibility. It is sufficient for murder.
5. What is culpable homicide?
Answer: Culpable homicide is the unlawful, negligent killing of another
person. The accused does not intend death but fails to meet the standard of
the reasonable person, resulting in death.
6. How does the 'year-and-a-day rule' feature in South African law?
Answer: South African law does not formally adopt the English year-and-a-
day rule. Causation is assessed on general principles — the unlawful act must
be the proximate or legal cause of death, regardless of time elapsed.
7. What is the test for causation in homicide?
Answer: The two-stage test applies: (1) factual causation — the 'but for' test
(but for the accused's act, would the deceased have died?); and (2) legal
causation — was the act a sufficiently direct or proximate cause?
8. What is the novus actus interveniens doctrine?
, Answer: A novus actus interveniens is a new intervening act that breaks the
chain of causation between the accused's conduct and the victim's death,
potentially relieving the accused of liability.
9. What is the 'thin skull' rule and how does it apply to murder?
Answer: The thin skull (or eggshell skull) rule provides that the accused must
take the victim as they find them. If the victim has a pre-existing condition that
makes death more likely, the accused is still liable for murder.
10. What is the significance of S v Masilela regarding murder?
Answer: In S v Masilela, the court held that intention to kill includes dolus
eventualis. The accused need not desire death; foreseeing it as a real
possibility and proceeding regardless suffices for murder.
ASSAULT
11. Define assault in South African criminal law.
Answer: Assault is any unlawful and intentional act which directly or indirectly
applies force to the person of another, or which threatens another with
immediate personal violence causing a reasonable apprehension of such
violence.
12. What are the two forms of assault recognised in South African law?
Answer: The two forms are: (1) assault by applying force to another person's
body; and (2) assault by threatening another with immediate personal violence
(assault by words or gestures).
13. What is assault with intent to do grievous bodily harm (GBH)?
Answer: Assault GBH is an aggravated form of assault where the accused
intentionally applies force intending to cause serious bodily harm, or does
cause such harm. It attracts heavier sentencing.
14. What must the threat in assault cause in the victim?
Answer: The threat must cause a reasonable apprehension of immediate
personal violence. The test is objective — would a reasonable person in the
victim's position fear immediate violence?
15. Can words alone constitute assault?
Answer: Yes. Words accompanied by conduct or gestures that create a
reasonable apprehension of immediate violence can constitute assault. Words
alone without any accompanying act are generally insufficient.
16. Is consent a defence to assault?
, Answer: Consent may be a defence to assault, but it has limits. Consent to
minor physical contact is valid, but consent to serious bodily harm is generally
not recognised as a defence in South African law.
17. What is the relevance of 'unlawfulness' in assault?
Answer: Unlawfulness means the act is not justified by any ground of
justification such as consent, self-defence, or lawful chastisement. Without
unlawfulness, the act does not constitute assault.
18. How does public policy limit consent as a defence to assault?
Answer: Courts may refuse to recognise consent where the harm is so
severe that public policy considerations override individual autonomy. Consent
to a deadly fight, for instance, may not negate unlawfulness.
19. What role does intent play in assault?
Answer: Intent is essential. The accused must intend to apply force or to
threaten another with immediate violence. Negligently causing physical
contact does not constitute assault.
20. What is common assault and how is it distinguished from assault GBH?
Answer: Common assault involves applying force or threatening violence
without necessarily intending serious harm. Assault GBH requires intent to
inflict grievous bodily harm or actual infliction of such harm.
SEXUAL OFFENCES
21. What legislation governs sexual offences in South Africa?
Answer: The Criminal Law (Sexual Offences and Related Matters)
Amendment Act 32 of 2007 (SORMA) is the primary legislation governing
sexual offences, replacing the common law rape definition.
22. How is rape defined under SORMA?
Answer: Under SORMA, rape occurs when a person ('A') unlawfully and
intentionally commits an act of sexual penetration with a complainant ('B')
without their consent.
23. What constitutes 'sexual penetration' under SORMA?
Answer: Sexual penetration includes any act which causes penetration to any
extent whatsoever by the genital organs of one person into or beyond the
genital organs, anus, or mouth of another; or by any other body part or object
into the genital organs or anus of another.
24. Who can be a victim of rape under SORMA?
, Answer: Under SORMA, both males and females can be victims of rape. The
legislation uses gender-neutral language, recognising rape of men, women,
and children.
25. What is compelled rape under SORMA?
Answer: Compelled rape occurs where person A unlawfully and intentionally
compels a third party (C) to commit an act of sexual penetration with
complainant B without B's consent.
26. How is consent defined in sexual offences?
Answer: Consent means voluntary or uncoerced agreement. SORMA lists
circumstances where apparent consent is not real, including submission due
to force, threats, or where the complainant is unconscious or mentally
impaired.
27. What is sexual assault under SORMA?
Answer: Sexual assault occurs when A unlawfully and intentionally commits
an act of sexual violation with B without their consent. It covers acts of sexual
violation that do not involve penetration.
28. What is 'sexual violation' under SORMA?
Answer: Sexual violation is any act causing another person to be sexually
penetrated without their consent, or causing sexual arousal or stimulation, or
inspiring fear of a sexual nature.
29. Can a husband rape his wife under South African law?
Answer: Yes. Marital rape is recognised. SORMA and prior case law (S v
Mvamvu) abolished the marital rape exemption. Marriage does not imply
permanent consent to sexual intercourse.
30. What are the special provisions under SORMA for child complainants?
Answer: SORMA provides enhanced protections for child complainants,
including closed-circuit television testimony, intermediaries, and restrictions on
cross-examination about prior sexual history.
ROBBERY
31. How is robbery defined in South African criminal law?
Answer: Robbery is the unlawful and intentional theft of property using
violence or threats of violence against a person to facilitate the theft.
32. What are the elements of robbery?
