CRW2601 EXAM PACK 2026[QUESTIONS
AND WELL EXPLAINED ANSWERS]
Question 1
Three statements are set out below:
(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.
Which of the following allegations is correct?
(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.
✅ Correct answer: (3)
Rationale: Statement (a) is correct: the absolute theory (retribution) sees
punishment as an end in itself, whereas relative theories (deterrence, prevention,
rehabilitation) see punishment as a means to an end. Statement (c) is correct: in S v
Zinn 1969 (2) SA 537 (A), the court held that when imposing sentence, the triad of
the crime, the criminal and the interests of society must be considered. Statement
(b) is incorrect because the effectiveness of general deterrence depends not only on
,the severity of the punishment, but also on the certainty and swiftness of its
imposition, as well as the publicity it receives.
Question 2
Three statements are set out below:
(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.
Which of the following allegations is correct?
(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.
✅ Correct answer: (1) – Only statement (b) is correct
Rationale: Statement (b) is correct: crimes affect the public interest and are
prosecuted by the state; delicts are private wrongs where the injured party institutes
action. Statement (a) is incorrect: the correct sequence is conduct → compliance
with definitional elements → unlawfulness → culpability. Unlawfulness must be
investigated before culpability. Statement (c) is incorrect: a statutory provision
must contain both a criminal norm (setting out the prohibited conduct) and a
,criminal sanction (prescribing the punishment). The nulla poena sine lege rule
requires that the punishment be prescribed by law.
Question 3
Three statements are set out below:
(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, 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.
Which of the following allegations is correct?
(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.
✅ Correct answer: (2) – Only statements (a) and (b) are correct
Rationale: Statement (a) is correct: in Masiya the Constitutional Court refused to
extend the definition of rape to include anal penetration retrospectively, thereby
respecting the ius praevium rule (the prohibition on retrospective criminalisation).
Statement (b) is correct: all the rules of legality apply to both the definition of the
, crime and the sentence. Statement (c) is incorrect: the Constitution (section
35(3)(l)) contains the ius praevium rule – “not guilty of an offence in respect of
any act or omission which was not an offence at the time it was committed” – not
the ius acceptum rule (which relates to the creation of crimes by the court).
Question 4
Three statements are set out below:
(a) Conduct is voluntary if it is willed.
(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.
Which of the following allegations is correct?
(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.
✅ Correct answer: (5) – Only statement (a) is correct
Rationale: Statement (a) is correct: conduct is voluntary if X is able to subject his
bodily movements to his will or intellect. Statement (b) is incorrect: absolute
force (vis absoluta), not relative force, excludes voluntariness. Relative force (vis
compulsiva) leaves X’s ability to control his bodily movements intact, although X
may be acting under compulsion. Statement (c) is incorrect: sane automatism refers
AND WELL EXPLAINED ANSWERS]
Question 1
Three statements are set out below:
(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.
Which of the following allegations is correct?
(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.
✅ Correct answer: (3)
Rationale: Statement (a) is correct: the absolute theory (retribution) sees
punishment as an end in itself, whereas relative theories (deterrence, prevention,
rehabilitation) see punishment as a means to an end. Statement (c) is correct: in S v
Zinn 1969 (2) SA 537 (A), the court held that when imposing sentence, the triad of
the crime, the criminal and the interests of society must be considered. Statement
(b) is incorrect because the effectiveness of general deterrence depends not only on
,the severity of the punishment, but also on the certainty and swiftness of its
imposition, as well as the publicity it receives.
Question 2
Three statements are set out below:
(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.
Which of the following allegations is correct?
(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.
✅ Correct answer: (1) – Only statement (b) is correct
Rationale: Statement (b) is correct: crimes affect the public interest and are
prosecuted by the state; delicts are private wrongs where the injured party institutes
action. Statement (a) is incorrect: the correct sequence is conduct → compliance
with definitional elements → unlawfulness → culpability. Unlawfulness must be
investigated before culpability. Statement (c) is incorrect: a statutory provision
must contain both a criminal norm (setting out the prohibited conduct) and a
,criminal sanction (prescribing the punishment). The nulla poena sine lege rule
requires that the punishment be prescribed by law.
Question 3
Three statements are set out below:
(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, 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.
Which of the following allegations is correct?
(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.
✅ Correct answer: (2) – Only statements (a) and (b) are correct
Rationale: Statement (a) is correct: in Masiya the Constitutional Court refused to
extend the definition of rape to include anal penetration retrospectively, thereby
respecting the ius praevium rule (the prohibition on retrospective criminalisation).
Statement (b) is correct: all the rules of legality apply to both the definition of the
, crime and the sentence. Statement (c) is incorrect: the Constitution (section
35(3)(l)) contains the ius praevium rule – “not guilty of an offence in respect of
any act or omission which was not an offence at the time it was committed” – not
the ius acceptum rule (which relates to the creation of crimes by the court).
Question 4
Three statements are set out below:
(a) Conduct is voluntary if it is willed.
(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.
Which of the following allegations is correct?
(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.
✅ Correct answer: (5) – Only statement (a) is correct
Rationale: Statement (a) is correct: conduct is voluntary if X is able to subject his
bodily movements to his will or intellect. Statement (b) is incorrect: absolute
force (vis absoluta), not relative force, excludes voluntariness. Relative force (vis
compulsiva) leaves X’s ability to control his bodily movements intact, although X
may be acting under compulsion. Statement (c) is incorrect: sane automatism refers
