CRW2602 With side notes - MCQ Sheet with Answers.

Multiple chioce Question 1 (a) If X hires Z to murder Y and Z murders Y, Z is the indirect perpetrator. (b) If X buys dagga for his own use and Y acts merely as interpreter to the transaction, Y can qualify as an accomplice. (c) In Thebus 2003 (2) SACR 319 (CC) it was held that the only way in which a common purpose can be established is if there is proof of a prior agreement between two or more participants. (1) Only statement (a) is correct. (2) Only statement (b) is correct. (3) Only statements (a) and (b) are correct. (4) Only statements (b) and (c) are correct. (5) Only statement (c) is correct. Question 2 (a) The liability of an accessory after the fact, and an accomplice, is accessory in character. (b) Being an accessory after the fact completely overlaps with the crime known as defeating or obstructing the course of justice. (c) A joiner-in is a person who actively associates herself with a common purpose to kill another, (Y), before the lethal wound is inflicted on Y. (1) Only statement (a) is correct. (2) Only statement (b) is correct. (3) Only statement (c) is correct. (4) Only statements (a) and (b) are correct. (5) All of these statements are correct. Question 3 (a) In Davies 1956 (3) SA 52 (A) the court held that the commission of a “putative” crime is punishable as attempt. (b) One reason that the law punishes anticipatory crimes can be found in the preventive theory of punishment. (c) Attempt may be committed even where X’s actions amount to the mere preparation for a crime. (1) Only statement (a) is correct. (2) Only statement (b) is correct. (3) Only statement (c) is correct. (4) Only statements (a) and (b) are correct. (5) None of these statements is correct. Question 4 (a) X and Z can be convicted of the crime of conspiracy only if there is proof that they were in direct communication with each other. (b) X can be convicted of incitement even if there is no proof that X had persuaded Z to commit the crime. (c) The crime of corruption is committed only if the person to whom the benefit is offered is a public official. (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) None of these statements is correct. Question 5 (a) The crime of public violence can only be committed by a number of persons acting with a common purpose. (b) In the crime of perjury at common law, X will not be guilty of this crime if he makes a false 2 statement under oath and thereafter acknowledges that the statement was false and tells the truth. (c) Contempt of court may be committed where the press publishes information relating to the merits of a case which does not form part of the evidence while the case is still in progress. (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) None of these statements is correct. Question 6 (a) The crime of rape is defined in section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 as “any person (X) who unlawfully and intentionally commits an act of sexual intercourse with a complainant (Y) without his/her consent is guilty of the offence of rape” (b) The Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 makes provision for the situation that where X misleads Y with regard to the nature of an act of sexual penetration with X, Y’s consent will be deemed to be invalid and the crime of rape will be committed. (c) In terms of section 3 of the Firearms Control Act 60 of 2000 an offence is committed if a person possesses a firearm without a licence, permit or authorisation in terms of this Act. (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) None of these statements is correct Question 7 (a) In the case of common law abduction it is a requirement that the minor must be forcibly removed from the control of his or her parents or guardian. (b) In the case of Mshumpa 2008 (1) SACR 126 (E) the court widened the crime of murder to include the killing of an unborn foetus. (c) The crime of assault may even be committed where X inspires a belief in Y that force is immediately to be applied to her. (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) None of these statements is correct Question 8 (a) The crimes of assault and crimen iniuria are committed where X spits into Y’s face. (b) In the crime of criminal defamation, the term “publication” means that the allegation must be in writing. (c) X can only commit the crime of theft if he appropriates property which belongs to and is owned by Y. (1) Only statement (a) is correct. (2) Only statement (b) is correct. (3) Only statement (c) is correct. (4) Only statements (a) and (b) are correct. (5) Only statements (b) and (c) are correct Question 9 (a) In the crime of robbery where X threatens Y with violence if he does not hand over the property, it is not a requirement that there must be a causal link between the threats of violence and the acquisition of property. (b) The crime of receiving stolen property overlaps with the crime of theft, as persons who are 3 accessories after the fact to theft are usually regarded as perpetrators of theft. (c) In the crime of fraud, it is a requirement that there must be a causal link between the misrepresentation and the prejudice. (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 of these statements are correct. Question 10 (a) In the case of Heyne 1956 (3) SA 604 (A) it was decided that attempted fraud can be committed by X if the misrepresentation has not yet come to the attention of Y (the person against whom it is directed). (b) In order to be convicted of the crime of malicious injury to property, X must act with an evil or malicious motive. (c) In the crime of housebreaking with intent to commit a crime it is a requirement that actual damage must be inflicted to the building or structure, or else X will only be convicted of attempted housebreaking with intent to commit a crime. (1) Only statement (a) is correct. (2) Only statement (b) is correct. (3) Only statement (c) is correct. (4) Only statements (a) and (b) are correct. (5) None of these statements is correct