CRIMINAL LAW: SPECIFIC CRIMES REVISION STUDY PACK

OCT / NOV 2015 PART A (MULTIPLE-CHOICE QUESTIONS) Question 1 (a) This statement is correct. See SG 1.2.2 (vi). (b) This statement is incorrect. See SG 1.2.7. Dolus eventualis is a sufficient form of intention. (c) This statement is correct. See SG 1.2.6. You should, therefore, have chosen option (4) since only statements (a) and (c) are correct. Question 2 (a) This statement is correct. See SG 1.3.4. (b) This statement is correct. See SG 1.3.4. (c) This statement is correct. See SG 1.3.4. You should, therefore, have chosen option (5) since all the statements are correct. Question 3 (a) This statement is incorrect. See SG 10.1.7. The Appellate division in Heyne 1956 (3) SA 604 (A) has held that attempted fraud is in fact possible where a misrepresentation has been made by X, but which has not yet come to Y’s attention as in the case where a letter containing a misrepresentation has been lost in the post. (b) This statement is incorrect. See SG 10.1.3 (3). The misrepresentation in the crime of fraud can also be committed by an omission where there is a legal duty on X to disclose a fact. (c) This statement is correct. See SG 2.4.6