CRW2603 ASSIGNMENT 1

CRW2603 ASSIGNMENT 1 UNIQUE CODE: SEMESTER CODE: 2nd COURSE CODE: 90002 STUDENT NUMBER: This study source was downloaded by from CourseH on :36:51 GMT -05:00 This study resource was shared via CourseH QUESTION 1 Fraud can be committed by anyone or anywhere in various ways. It may affect multiple people at once or only one individual. Fraud is a result from the actions of individual(s) and it may not include violence but it can inflict a lot of damage on affected individuals. Fraud: there are different definitions of fraud but in the South African context fraud is defined as an illegal purposeful act of a misrepresentation that induces real discrimination, harm or has the power to cause prejudice to another. Elements of a crime based on the crime committed by Themba Based on the general elements of a crime Themba can be convicted of fraud. The basic elements of a crime are legality, conduct, unlawfulness and culpability. The liability means that the action committed should be considered a crime before one can be liable for committing the crime. In Themba’s case, not reporting an individual’s death at the department of Home Affairs is a crime in South Africa. Collecting a deceased’s SASSA payments and not cancelling their SASSA after their death is also a crime in South Africa. The conduct in this case is fraud. The legal rule exists therefore Themba can be punished for it. The conduct element means the individual should commit an act that is prohibited by law and in this case it is collecting a SASSA payment that is meant for the recipient who is in this case deceased. The unlawfulness element means conduct that is unjustified, not “against the law”. We determine the unlawfulness of Themba’s conduct by determining if the society would condone Th