CRW2601 MODULE ONLINE EXAM PREARATION. 100% Q AND A.

Question 1 (a) The four requirements of criminal liability are the following: conduct (act or omission); compliance with the definitional elements of the offence; unlawfulness and culpability. (b) In terms of the ius acceptum principle a court may only find a person guilty of an offence if the kind of act performed is recognized by the law as a crime. (c) The ius praevium principle requires that a court may only find a person guilty of an offence if the kind of act performed was recognized as a crime at the time of its commission. (1) All the statements are correct. 1 answer (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) A South African court is allowed to create new crimes if the court is of the opinion that the particular conduct is against the good morals of society. (b) A provision which reads as follows: “Nobody may criticise the government and anybody who contravenes this provision is guilty of a crime” complies with the ius certum rule of the principle of legality. (c) In Masiya v Director of Public Prosecutions 2007 (2) SACR 435 (CC) the Constitutional Court extended the definition of the crime of rape in order to give effect to the rights of women to dignity, privacy and sexual autonomy. (1) Only statement (b) is correct. (2) Only statements (b) and (c) are correct. (3) All these statements are correct. (4) Only statement (a) is correct. (5) Only statement (c) is correct. Answer 5 Question 3 (a) The rules of the principle of legality need not be complied with in the context of punishment. (b) X performs a voluntary act if he can subject his bodily movements to his will or intellect. (c) If a person acted negligently, it means that he did not perform a voluntary act. (1)None of the statements is correct. (2) Only statements (a) and (b) are correct. (3) Only statement (a) is correct. (4) Only statements (a) and (c) are correct. (5) Only statement (b) is correct Question 4 (a) If Y tells X that he will kill him unless he (X) kills Z and as a result of this threat X kills Z, then he (X) acts in a situation of absolute force. (b) Sane automatism means that a person did not act voluntarily as a result of mental illness. (c) In Henry 1999 (1) SACR 13 (SCA) the accused, who had shot his wife in a fit of rage relied upon the defence of insane automatism. (1) Only statement (b) is correct. (2) Only statements (b) and (c) are correct. (3) Only statements (a) and (b) are correct. (4) None of the statements is correct. (5) Only statement (a) is correct. Question 5 (a) An omission is punishable only if there is a legal duty upon X to act positively. (b) The defence of impossibility may be raised if it is objectively impossible for X to comply with a criminal norm which places a positive duty upon him to act. (c) Causation is a requirement in all materially-defined crimes. (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 Question 6 (a) Teachers may not impose corporal punishment on children. (b) If X sees that Y is attacked by Z and helps to defend Y, he (X) cannot rely on private defence since he does not defend his own life or property. (c) Killing an innocent person in a situation of necessity can never be a defence but only a mitigating circumstance. (1) Only statement (a) is correct. (2) Only statement (b) is correct. ( 3) None of the statements is correct. (4) Only statements (b) and (c) are correct. (5) Only statements (a) and (b) are correct