CRW2601 EXAM PACK QUESTION PAPERS AND SOLUTIONS 2021

Criminal law CRW 2601 Question 1 Answer the following question by choosing the correct answer a) According to the absolute theory, punishment is an end in itself, while according to the relative theories, punishment is a means to a secondary end. b) The effectiveness of the theory of general deterrence depends only on the severity of the punishment that is imposed on an offender. c) The “triad in Zinn” (the crime, the criminal and interests of society) enables a court to consider all the theories of punishment when imposing sentence. (3) (1) All the statements are correct. (2) Only statement (a) is correct. (3) Only statements (a) and (c) are correct. (4) Only statement (c) is correct. (5) Only statement (b) is correct. Question 2 (a) The correct sequence of investigation into the elements of criminal liability is conduct, compliance with definitional elements, culpability and unlawfulness. (b) Crimes are directed against public interests, while delicts are directed against private interests. (c) A statutory provision will best comply with the principle of legality if it contains a criminal norm only. (3) G.R. Tutorials email: Tel: +39/+01 Cell: +03 Page 1 of 51(1) Only statement (b) is correct. (2) Only statements (b) and (c) are correct. (3) None of the statements is correct. (4) Only statement (a) is correct. (5) Only statement (c) is correct Question 3 (a) In concluding that the extended definition of the crime of rape should not apply retrospectively to the accused, the Constitutional Court in Masiya v DPP 2007 (2) SACR 435 (CC) respected the ius praevium rule. (b) The rules embodying the principle of legality (ius acceptum, ius praevium, ius certum and ius strictum) are applicable to both the crime and the punishment to be imposed. (c) The Constitution contains a provision which expressly sets out the ius acceptum rule. (3) (1) All the statements are correct. (2) Only statements (a) and (b) are correct. (3) Only statement (a) is correct. (4) Only statements (b) and (c) are correct. (5) Only statement (b) is correct. Question 4 (a) Conduct is voluntary if it is willed. G.R. Tutorials email: Tel: +39/+01 Cell: +03 Page 2 of 51(b) Relative force excludes X’s ability to subject his bodily movements to his will or intellect. (c) Sane automatism refers to cases in which X relies on the defence of mental illness. (3) (1) Only statement (b) is correct. (2) Only statements (b) and (c) are correct. (3) Only statements (a) and (c) are correct. (4) None of the statements is correct. (5) Only statement (a) is correct Question 5 (a) Antecedent liability is a qualification of the rule that bodily movements performed in a condition of automatism do not result in criminal liability. (b) There is a legal duty upon X to act positively if the legal convictions of the community require him to do so. (c) In Leeuw 1975 (1) SA 439 (O) it was held that mere inconvenience in complying with a legal duty did not constitute impossibility. (3) (1) Only statement (b) is correct. (2) Only statements (b) and (c) are correct. (3) Only statements (a) and (b) are correct. (4) All the statements are correct. (5) Only statement (c) is correct.