CRW2602 - Criminal Law: Specific Crimes-mcq-pack-2020.

CRW2602 - Criminal Law: Specific Crimes-mcq-pack-2020. assignment 2020 QUESTION 1 (a) In the crime of crimen iniuria the infringement need not be serious as a minor infringement of the legally-protected interests is deemed sufficient. This statement is incorrect. The infringement must be serious in the case of the crime of crimen iniuria. See SG 7.2.8. (b) In S v Van Leperen 2017 (1) SACR 226 (WCC), X was convicted of crimen iniuria for slapping Y, a female manager, on the buttocks and making sexual remarks to her. (c) In the case of criminal defamation, the interests protected by the crime are a person’s good name and dignity. This statement is incorrect. The interests which are protected by the crime of criminal defamation is only a person’s good name (reputation). See SG 7.2.4 and Criminal Law 467-469 for a discussion of the crime of defamation. (1) All these statements are correct. (2) Only statement (a) is correct. (3) Only statement (b) is correct. (4) Only statement (c) are correct. (5) Only statements (a) and (b) are correct. QUESTION 2 (a) In the case of Ndebele 2012 (1) SACR 245 (GSJ) the court held that electricity is indeed capable of being the subject of theft. (b) An intention to acquire a gain or advantage is a requirement for the crime of theft. This statement is incorrect. In our law, the intention to acquire some form of gain or advantage by X, from the acquisition or handling of the property, is no longer a requirement for the crime of theft. If X appropriates someone else’s property and then hands it over to a charitable institution, he still commits theft. See SG 8.6.4.3 e. (c) In Mostert 2010 (1) SACR 223 (SCA), the court held that water in a stream cannot be the subject of common-law theft. (1) Only statements (a) and (b) are correct. (2) Only statements (a) and (c) are correct. (3) Only statements (b) and (c) are correct. (4) All of the statements are correct. (5) None of the statements is correct. S - The Marketplace to Buy and Sell your Study Material Downloaded by: SUCCESS01TUTOR | Distribution of this document is illegal S - The Marketplace to Buy and Sell your Study Material MCQ Pack 2020 for CRW2602 Collected and combined By Jay (Tidimalo) QUESTION 3 (a) Presumed consent is a ground of justification to the crime of theft. (b) The crime of theft may sometimes be committed negligently. This statement is incorrect. Intention is a requirement for the crime of theft. This crime can never be committed negligently. See SG 8.6.4. (c) The crime of theft may be committed if somebody temporarily deprives the owner of control of his possession. This statement is incorrect. The crime of theft can only be committed if X has the intention to permanently exclude the owner of his property. See SG 8.6.4.3.b. (1) Only statement (a) is correct. (2) Only statement (c) is correct. (3) All of the statements are correct. (4) Only statements (a) and (b) are correct. (5) Only statements (a) and (c) are correct. QUESTION 4 (a) Lying which is potentially prejudicial may qualify as fraud. This statement is correct. The mere telling of a lie is not punishable, but if such lie can cause actual or potential prejudice, such conduct is punishable. See SG 10.1.4.1. (b) In S v Gardener 2011 1 SACR 570 (SCA), the court held that the crime of fraud may be committed in the case of an omission. (c) It is required for the crime of fraud that there must be a causal connection between the misrepresentation and the prejudice. This statement is incorrect. Due to the requirement of prejudice in fraud having such a broad meaning, a causal connection between the misrepresentation and the prejudice need not be proved. The requirements also make provision that the misrepresentation “may” cause prejudice, and that not only actual prejudice need be caused but that potential prejudice is also sufficient. See SG 10.1.2; 10.1.4.2 and SUMMARY (5). (1) All of the statements are correct. (2) Only statement (a) is correct. (3) Only statement (b) is correct. (4) Only statements (a) and (b) are correct. (5) Only statements (b) and (c) are correct. S - The Marketplace to Buy and Sell your Study Material Downloaded by: SUCCESS01TUTOR | Distribution of this document is illegal S - The Marketplace to Buy and Sell your Study Material MCQ Pack 2020 for CRW2602 Collected and combined By Jay (Tidimalo) QUESTION 5 (a) The crime of robbery can only be committed if the property is on the person of the victim or in his presence when the violence takes place. This statement is incorrect. The property does not have to be on the person or in the presence of the victim. See SG 9.1.8 and Ex Parte Minister van Justisie: In re S v Seekoei 1984 (4) SA 690 (A). (b) If X puts fire to his sports car, destroying it in order to claim the value of the car from his insurance company, he is guilty of arson. This statement is incorrect. Arson can only be committed in respect of immovable property. The crime of malicious injury to property will be committed where movable property, such as a motor vehicle, is set alight. See SG 11 SUMMARY (6) and Criminal Law 542 (par 3). (c) The crime of housebreaking with intent to commit a crime can be committed in respect of a railway truck used for storing goods. This statement is incorrect. If the structure or premises in respect of which this crime is committed is used for the storage of goods, it must be immovable. See the discussion in SG 12.4. (1) Only statements (a) and (b) are correct. (2) Only statement (a) is correct. (3) Only statement (b) is correct. (4) Only statement (c) is correct. (5) None of these statements is correct. S - The Marketplace to Buy and Sell your Study Material Downloaded by: SUCCESS01TUTOR | Distribution of this document is illegal S - The Marketplace to Buy and Sell your Study Material MCQ Pack 2020 for CRW2602 Collected and combined By Jay (Tidimalo) assignment /2019 Semester 01 QUESTION 1 (a) If a male, X, secretly watches a female, Y, while she is undressing, he can be convicted of crimen iniuria even if, at the time she was undressing, Y was not even aware that somebody was watching her. This statement is correct. To be charged with the crime of crimen iniuria, Y does not need to be aware at the time that X was watching her undressing. See SG 7.2.5.2. (b) If X infects Y’s private computer with malware so that he will be able to see all her private e-mails, without Y’s consent, X can be convicted of crimen iniuria only if the emails contain something scandalous or improper. (c) To listen to a famous person’s private telephone conversations by means of an electronic bugging device amounts to the crime of criminal defamation. This statement is incorrect. To listen to another person’s telephone conversation (whether the person is famous or not) amounts to an infringement of his privacy. The crime of crimen iniuria protects a person's dignity and privacy. Defamation on the other hand, protects a person's reputation. See the discussion in SG 7.2.4 and Criminal Law 467-469 for a discussion of the crime of defamation. (1) All these statements are correct. (2) Only statement (a) is correct. (3) Only statements (a) and (b) are correct. (4) Only statements (a) and (c) are correct. (5) Only statements (b) and (c) are correct. QUESTION 2 (a) X cannot be convicted of kidnapping if he unlawfully and intentionally deprives Y of her freedom of movement by locking her up in her own bathroom. This statement is incorrect. It is not required for the crime of kidnapping that the person must be removed from one place to another. The crime can also be committed even though there is no physical removal, for instance where Y is concealed or imprisoned where he happens to be. See SG 7.5 and Criminal Law 471. (b) A person cannot be convicted of theft in respect of property which belongs to himor herself. This statement is incorrect. If X removes his own property which is in the lawful possession of another (such as a pledgee) and appropriates it, he commits theft in the form of arrogation of possession. See the discussion in SG 8.4. (c) An intention to acquire a benefit is a requirement for the crime of theft. This statement is incorrect. If X appropriates someone else’s property and then hands it over to a charitable institution, he still commits theft. S - The Marketplace to Buy and Sell your Study Material Downloaded by: SUCCESS01TUTOR | Distribution of this document is illegal S - The Marketplace to Buy and Sell your Study Material MCQ Pack 2020 for CRW2602 Collected and combined By Jay (Tidimalo) See the discussion in SG 8.6.4.3e and make sure that you understand the concept “appropriation”. (1) Only statements (a) and (b) are correct. (2) Only statements (a) and (c) are correct. (3) Only statements (b) and (c) are correct. (4) All of the statements are correct. (5) None of the statements is correct. QUESTION 3 (a) The threat of violence in robbery may be either express or implied. (b) In the crime of robbery, there must be a causal link between the application of violence and the acquisition of the property. (c) It is not required for robbery that the property should necessarily be on the person of the victim or in his presence when the violence takes place. (1) Only statement (a) is correct. (2) Only statement (c) is correct. (3) All of the statements are correct. (4) Only statements (a) and (b) are correct. (5) Only statements (a) and (c) are correct. QUESTION 4 (a) For a conviction of fraud a causal link between the misrepresentation and the prejudice is not required. (b) A person may only be convicted of fraud if it is proved that the person to whom he or she had made the misrepresentation was in fact misled by the misrepresentation. (c) For the purposes of the crime of forgery a document is deemed to be forged if it contains an untrue statement. (1) Only statement (a) is correct. (2) Only statement (b) is correct. (3) Only statements (a) and (b) are correct. (4) All of the statements are correct. (5) Only statements (b) and (c) are correct. QUESTION 5 (a) The reason why the word “malicious” appears in the crime “malicious injury to property” is that this crime can be committed only if X had an evil motive when he damaged the property. (b) Arson can only be committed in respect of immovable property. (c) If X breaks into a motor car with the intent to steal a car radio, he may be convicted of the crime of housebreaking with intent to commit a crime. This statement is incorrect. The house, structure or premises in respect of which this crime is committed is a structure which is or might ordinarily be used for S - The Marketplace to Buy and Sell your Study Material Downloaded by: SUCCESS01TUTOR | Distribution of this document is illegal S - The Marketplace to Buy and Sell your Study Material MCQ Pack 2020 for CRW2602 Collected and combined By Jay (Tidimalo) human habitation or for the storage or housing of property. See the discussion in SG 12.4 (1) None of these statements is correct. (2) Only statements (a) and (b) are correct. (3) Only statement (a) is correct. (4) Only statement (b) is correct. (5) Only statement (c) is correct. assignment 2019 Semester 02 QUESTION 1 (a) The crime of crimen iniuria always involves some measure of sexual impropriety. This statement is incorrect. The crime of crimen iniuria is not confined to insults of a sexual nature. See SG 7.2.7.1. (b) Criminal defamation protects a person’s dignity. (c) If X, a divorced father, removes his child from the care of the mother, Y, to whom the court has awarded custody and control, without Y’s consent, X does not commit the crime of kidnapping. (1) Only statement (a) is correct. (2) Only statement (b) is correct. (3) Only statements (a) and (b) are correct. (4) Only statement (c) is correct. (5) Only statements (b) and (c) are correct. QUESTION 2 (a) The crime of common-law abduction can only be committed by a male person. This statement is incorrect. The perpetrator in the crime of common-law abduction may be either a male or a female. See SG 7.4.5. (b) It is required for the crime of abduction that X’s intent must be to have sexual intercourse with Y (the minor) or to allow any other person to have sexual intercourse with Y. This statement is incorrect. X’s intention must be either to marry or to have sexual intercourse with the minor, or for someone else to marry or to have sexual intercourse with the minor. See the discussion in SG 7.4.8. (c) Theft can only be committed in respect of moveable, corporeal property that is available in commerce, and belongs to somebody else. (1) Only statement (a) is correct. (2) Only statements (a) and (c) are correct. (3) Only statement (b) is correct. (4) Only statements (b) and (c) are correct. (5) Only statement (c) is correct. S - The Marketplace to Buy and Sell your Study Material Downloaded by: SUCCESS01TUTOR | Distribution of this document is illegal S - The Marketplace to Buy and Sell your Study Material MCQ Pack 2020 for CRW2602 Collected and combined By Jay (Tidimalo) QUESTION 3 (a) If X does not have the intention to deprive Y permanently of his property, he cannot be convicted of theft. This statement is correct. X’s intention must be to deprive Y permanently of her property in order to commit the crime of theft. See the discussion in SG 8.6.4.3b and make sure that you understand the concept “appropriation”. (b) In order to be convicted of robbery, there need not be actual violence against the victim, because mere threats of physical violence are sufficient. (c) Where X steals property from Y, and only after the theft uses violence to prevent Y from regaining his property, X cannot be convicted of robbery. (1) Only statement (a) is correct. (2) Only statement (c) is correct. (3) All of the statements are correct. (4) Only statements (a) and (b) are correct. (5) Only statements (a) and (c) are correct. QUESTION 4 (a) X cannot be convicted of the crime of receiving stolen property, knowing it to have been stolen, if she received the property with the intention of keeping it merely temporarily for somebody else. (b) In the decision of Heyne 1956 (3) SA 604 (A) the court held that, because of the wide interpretation of the prejudice requirement in the crime of fraud, attempted fraud is possible. This statement is incorrect. See SG 10.1.7. However, as there was no option provided, all students were awarded a mark for this question. (c) The prejudice required for a conviction of fraud must be of a patrimonial nature. This statement is incorrect. See SG 10.1.4.3. The words “patrimonial” and “proprietary” have essentially the same meaning. (1) Only statement (a) is correct. (2) Only statement (b) is correct. (3) Only statements (a) and (b) are correct. (4) All of the statements are correct. (5) Only statements (b) and (c) are correct. Therefore, all students were awarded full marks for this answer. QUESTION 5 (a) A person does not commit the crime of malicious injury to property if he kills or wounds an animal belonging to another person. (b) If X puts fire to his taxi, destroying it, in order to claim the value of his taxi from his insurance company, he is guilty of arson. S - The Marketplace to Buy and Sell your Study Material Downloaded by: SUCCESS01TUTOR | Distribution of this document is illegal S - The Marketplace to Buy and Sell your Study Material MCQ Pack 2020 for CRW2602 Collected and combined By Jay (Tidimalo) This statement is incorrect. See Criminal Law 542 (par 3) as well as point (6) of the summary appearing at the end of study unit 11, from which it appears that the crime of arson can only be committed in respect of immovable property. A motor car is a movable thing, and therefore arson cannot be committed in respect of a motor car. Causing damage to, or destroying a motor car, amounts to malicious injury to property. (c) Merely pushing open a door which has been closed, although not locked, and then walking into the house can never amount to “breaking” for the purposes of the crime of housebreaking with intent to commit a crime. (1) None of these statements is correct. (2) Only statements (a) and (b) are correct. (3) Only statement (a) is correct. (4) Only statement (b) is correct. (5) Only statement (c) is correct. S - The Marketplace to Buy and Sell your Study Material Downloaded by: SUCCESS01TUTOR | Distribution of this document is illegal S - The Marketplace to Buy and Sell your Study Material MCQ Pack 2020 for CRW2602 Collected and combined By Jay (Tidimalo) 2019 MAY / JUNE QUESTION 1 (a) For the crime of terrorism, a specific intention is required which has two components. (b) Criticising the prosecution in a criminal case constitutes the crime of contempt of court. This statement is incorrect. See SG 2.4.8. Mere criticism of the prosecution in a criminal case does not constitute the crime of contempt of court. (c) For the crime of scandalising the court to be committed, it must be likely that the publication can bring the administration of justice through the courts into disrepute. (1) Only statement (a) is correct. (2) Only statements (a) and (b) are correct. (3) Only statements (a) and (c) are correct. (4) Only statement (b) is correct. (5) Only statement (c) is correct. QUESTION 2 (a) If someone corrupts a judicial officer, the conduct can be punished as both corruption and contempt of court. (b) If X threatens to sue Y if Y does not pay back the money he owes him (X), and Y indeed complies as he fears the legal costs, X can be convicted of extortion. This statement is incorrect. See SG p. 48 Activity (1). X cannot be convicted of extortion, since his conduct is not unlawful. It is not against the legal convictions of society to obtain a perfectly legitimate advantage (payment of a debt) by means of a threat of legal action. (c) Although section 91(1) of the Firearms Control Act 60 of 2000 provides that the holder of a licence to possess a firearm may not possess more than 200 cartridges for each firearm in respect of which he holds a licence, it provides that a member of the South African Police Service may possess more cartridges than stipulated. (1) Only statement (a) is correct. (2) Only statements (a) and (b) are correct. (3) Only statement (b) is correct. (4) Only statements (a) and (c) are correct. (5) Only statement (c) is correct. QUESTION 3 (a) A train is considered a ‘vehicle’ in terms of the National Road Traffic Act 93 of 1996. This statement is incorrect. See SG 3.6.2.3b. A device that travels on rails will be excluded from the definition of ‘vehicle’, and a train is therefore not a vehicle in terms of the National Road Traffic Act 93 of 1996. (b) The crime of inconsiderate driving can be committed whether other road-users are present on the road at the time or not. S - The Marketplace to Buy and Sell your Study Material Downloaded by: SUCCESS01TUTOR | Distribution of this document is illegal S - The Marketplace to Buy and Sell your Study Material MCQ Pack 2020 for CRW2602 Collected and combined By Jay (Tidimalo) This statement is incorrect. See SG 3.6.4.3. Other road users must be present for the offence of inconsiderate driving to be committed. (c) Automatism caused by voluntary intoxication constitutes a valid defence on a charge of drunken driving if the accused complies with the requirement of negligence. (1) Only statement (a) is correct. (2) Only statement (b) is correct. (3) Only statement (c) is correct. (4) All these statements are correct. (5) None of the statements is correct. QUESTION 4 (a) If Y is misled by X that performing oral sex on him (X) will cure her (Y) of her sinus problems, X can be guilty of rape as there is no valid consent. (b) The Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 repealed the common law offence of indecent assault and replaced it with a statutory offence of sexual assault. (c) For the crime of compelled rape, X must compel Y unlawfully and intentionally to commit an act of sexual penetration with Z, provided that Y as well as Z did not consent to the act. (1) Only statement (b) is correct. (2) Only statements (b) and (c) are correct. (3) Only statement (c) is correct. (4) Only statements (a) and (b) are correct. (5) All these statements are correct. QUESTION 5 (a) If X performs an act of sexual penetration with Y, his 17-year-old adoptive daughter, with her consent, X commits the crime of incest. (b) If X receives money from hiring out her 16-year-old daughter, Y, to an escort agency where she knows that Y is performing sexual acts with the clients, X is guilty of benefiting from the sexual exploitation of a child. (c) Any person who has knowledge that a sexual offence has been committed against a child, must report such knowledge immediately to a police official. Failure to do so constitutes a crime. (1) Only statement (a) is correct. (2) Only statement (b) is correct. (3) Only statement (c) is correct. (4) All these statements are correct. (5) None of the statements is correct. QUESTION 6 (a) The act of assault may take the form of application of force to the person (body) of Y, and also in inspiring fear in Y that force is immediately to be applied to him. (b) The “grievous bodily harm” in the crime of assault with intent to do grievous bodily harm need not be of a serious or dangerous nature. S - The Marketplace to Buy and Sell your Study Material Downloaded by: SUCCESS01TUTOR | Distribution of this document is illegal S - The Marketplace to Buy and Sell your Study Material MCQ Pack 2020 for CRW2602 Collected and combined By Jay (Tidimalo) (c) X practices his archery skills by trying to shoot an apple off his son’s head. Unfortunately, the arrow hits and kills his son instantly. As X had no intent to kill his son, X may be convicted of culpable homicide because he was negligent. (1) All the statements are correct. (2) Only statements (a) and (b) are correct. (3) Only statement (a) is correct. (4) Only statement (b) is correct. (5) Only statement (c) is correct. QUESTION 7 (a) If X exposes his private parts to Y who is 17 years old (without Y’s consent), X commits the offences of flashing (exposing or display of genital organs, anus or female breasts to children) and crimen iniuria. (b) A violation of reputation as in the crime of criminal defamation always involves two parties. This statement is incorrect. See SG 7.2.4. A violation of reputation always involves three parties, namely the person who makes the defamatory statement (X), the complainant (Y), that is the person about whom the defamatory statement is made, and the so-called third party (one or more other people) to whose knowledge the defamatory statement must come. (c) X’s act of sending a drone to spy on Y while she is in the privacy of her house may constitute the crime of crimen iniuria. (1) Only statement (a) is correct. (2) Only statements (a) and (b) are correct. (3) Only statements (a) and (c) is correct. (4) Only statements (b) and (c) are correct. (5) All the statements are correct. QUESTION 8 (a) In the crime of abduction, the unmarried minor needs not be forcibly removed from the control of his or her parents or guardian. (b) The different forms of theft are completed theft, embezzlement and arrogation of possession. This statement is incorrect. See SG 8.4. The different forms of theft are the removal of property, embezzlement and arrogation of possession. (c) In Gardener 2011 (1) SACR 570 (SCA), the court upheld the conviction for fraud as the two chief executive officers withheld information material to the affairs of their company from the board of directors. (1) Only statement (a) is correct. (2) Only statement (b) is correct. (3) Only statement (c) is correct. (4) Only statements (a) and (c) are correct. (5) All the statements are correct. S - The Marketplace to Buy and Sell your Study Material Downloaded by: SUCCESS01TUTOR | Distribution of this document is illegal S - The Marketplace to Buy and Sell your Study Material MCQ Pack 2020 for CRW2602 Collected and combined By Jay (Tidimalo) QUESTION 9 (a) Forgery is a form of fraud in which the misrepresentation takes place by means of forgery. (b) If X makes a false representation that he has a valid train ticket whereas he does not, real prejudice is caused to Transnet. (c) Spraying a national statue with spray paint constitutes the crime of malicious injury to property. (1) Only statement (a) is correct. (2) Only statement (b) is correct. (3) Only statement (c) is correct. (4) Only statements (b) and (c) are correct. (5) All the statements are correct. QUESTION 10 (a) For the crime housebreaking with intent to commit a crime, the requirement that an obstacle that forms part of the building must be removed to constitute “breaking”, is complied with if X merely pushes open a partially closed window. (b) A factory qualifies as a structure in respect of which the crime of housebreaking with intent to commit a crime can be committed. (c) The property in the crime of receiving stolen property can only be moveable corporeal property in commercio. (1) Only statement (a) is correct. (2) Only statement (b) is correct. (3) Only statement (c) is correct. (4) Only statements (b) and (c) are correct. (5) All the statements are correct. S - The Marketplace to Buy and Sell your Study Material Downloaded by: SUCCESS01TUTOR | Distribution of this document is illegal S - The Marketplace to Buy and Sell your Study Material MCQ Pack 2020 for CRW2602 Collected and combined By Jay (Tidimalo) QUESTION 1 (a) “Terrorist activities” prohibited in section 1 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004 may consist of any act which causes serious risk to the health or safety of the public. (b) “Terrorist activities” as in the above-mentioned Act must be performed with a defined culpability. (c) The interests protected by the crime of terrorism are the safety and security of the Republic, its institutions and people. (1) Only statement (a) is correct. (2) Only statement (b) is correct. (3) Only statement (c) is correct. (4) Only statements (a) and (c) are correct. (5) All these statements are correct.