Criminal Law: Specific Crimes (CRW2602) Department of Criminal and...
Criminal Law: Specific Crimes (CRW2602)
Department of Criminal and Procedural Law(LLB)
Set of facts:
1. X is the leader of a new political party group which is running for election. Their major rival
in the election is the Y party, who try to win favour with the public by distributing food parcels
to encourage people to vote for them. X enlists members of his party to go to the shed where the
parcels are kept, and to infect these food parcels with the Covid-19 virus. The Y party distributes
the infected food parcels as part of their campaign without knowing that the parcels have been
tampered with. Many people who consume the goods become very ill, and some of the elderly
die as a result of this conduct. On recovery, these people vote for other parties instead of the Y
party.
a) Discuss whether X will be liable for the crime of terrorism.
2 (a) If X plants a bugging device in Y's office to listen to Y's conversations without Y's
consent, X may be convicted of crimen iniuria.
(b) In the crime of criminal defamation, the violation of a person's dignity and privacy is
made punishable.
(1) None of the statements are correct.
(2) Only statement (a) is correct.
(3) Both statements (a) and (b) are correct.
(4) Only statement (b) is correct.
3 (a) In the crime of criminal defamation, the term "publication" means that the
defamatory allegation must be in writing.
(b) In the case of common law abduction, it is not a requirement that the minor must be
forcibly removed from the control of his or her parents or guardian.
(1) Both statements (a) and (b) are correct.
(2) None of the statements are correct.
(3) Only statement (a) is correct.
(4) Only statement (b) is correct.
4 (a) X can be convicted of kidnapping if he unlawfully and intentionally deprives Y of her
freedom of movement by locking her up in her own office.
(b) A person can steal his own property.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Both statements (a) and (b) are correct.
(4) None of the statements are correct.
5 (a) In the case of S v Nkosi 2012 (1) SACR 87 (GNP), it was held that the mere
assumption of control over property which belongs to someone else is insufficient for the
crime of attempted theft.
(b) In Ndebele 2012 (1) SACR 245 (GSJ), the court held that electricity cannot be stolen as
it is merely a form of energy.
(1) Only statement (a) is correct.
, (2) Only statement (b) is correct.
(3) Both statements (a) and (b) are correct.
(4) None of the statements are correct.
6 (a) In robbery there must be a causal link between the application of violence and the
acquisition of the property.
(b) Robbery is committed where X steals a cell phone from Y's desk, and then uses force to
retain the property.
(1) None of the statements are correct.
(2) Both statements (a) and (b) are correct.
(3) Only statement (a) is correct.
(4) Only statement (b) is correct.
7 (a) Robbery can be committed in two ways, namely either by the real application of
actual violence or by threats of violence against the body of another in order to induce such
other person to hand over property.
(b) The act of receiving required for the crime of receiving stolen property entails that X
must actually touch the property.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Both statements (a) and (b) are correct.
(4) None of the statements are correct.
8 (a) 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.
(b) 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).
(1) Both statements (a) and (b) are correct.
(2) None of the statements are correct.
(3) Only statement (a) is correct.
(4) Only statement (b) is correct.
9 (a) The misrepresentation required for fraud may consist in either a positive act or an
omission.
(b) Theft by false pretences always involves fraud.
(1) Only statement (a) is correct.
(2) Both statements (a) and (b) are correct.
(3) None of the statements are correct.
(4) Only statement (b) is correct.
10 (a) In order to be convicted of the crime of malicious injury to property, X must act with
an evil or malicious motive.
(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.
(1) Both statements (a) and (b) are correct.
Criminal Law: Specific Crimes (CRW2602)
Department of Criminal and Procedural Law(LLB)
Set of facts:
1. X is the leader of a new political party group which is running for election. Their major rival
in the election is the Y party, who try to win favour with the public by distributing food parcels
to encourage people to vote for them. X enlists members of his party to go to the shed where the
parcels are kept, and to infect these food parcels with the Covid-19 virus. The Y party distributes
the infected food parcels as part of their campaign without knowing that the parcels have been
tampered with. Many people who consume the goods become very ill, and some of the elderly
die as a result of this conduct. On recovery, these people vote for other parties instead of the Y
party.
a) Discuss whether X will be liable for the crime of terrorism.
2 (a) If X plants a bugging device in Y's office to listen to Y's conversations without Y's
consent, X may be convicted of crimen iniuria.
(b) In the crime of criminal defamation, the violation of a person's dignity and privacy is
made punishable.
(1) None of the statements are correct.
(2) Only statement (a) is correct.
(3) Both statements (a) and (b) are correct.
(4) Only statement (b) is correct.
3 (a) In the crime of criminal defamation, the term "publication" means that the
defamatory allegation must be in writing.
(b) In the case of common law abduction, it is not a requirement that the minor must be
forcibly removed from the control of his or her parents or guardian.
(1) Both statements (a) and (b) are correct.
(2) None of the statements are correct.
(3) Only statement (a) is correct.
(4) Only statement (b) is correct.
4 (a) X can be convicted of kidnapping if he unlawfully and intentionally deprives Y of her
freedom of movement by locking her up in her own office.
(b) A person can steal his own property.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Both statements (a) and (b) are correct.
(4) None of the statements are correct.
5 (a) In the case of S v Nkosi 2012 (1) SACR 87 (GNP), it was held that the mere
assumption of control over property which belongs to someone else is insufficient for the
crime of attempted theft.
(b) In Ndebele 2012 (1) SACR 245 (GSJ), the court held that electricity cannot be stolen as
it is merely a form of energy.
(1) Only statement (a) is correct.
, (2) Only statement (b) is correct.
(3) Both statements (a) and (b) are correct.
(4) None of the statements are correct.
6 (a) In robbery there must be a causal link between the application of violence and the
acquisition of the property.
(b) Robbery is committed where X steals a cell phone from Y's desk, and then uses force to
retain the property.
(1) None of the statements are correct.
(2) Both statements (a) and (b) are correct.
(3) Only statement (a) is correct.
(4) Only statement (b) is correct.
7 (a) Robbery can be committed in two ways, namely either by the real application of
actual violence or by threats of violence against the body of another in order to induce such
other person to hand over property.
(b) The act of receiving required for the crime of receiving stolen property entails that X
must actually touch the property.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Both statements (a) and (b) are correct.
(4) None of the statements are correct.
8 (a) 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.
(b) 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).
(1) Both statements (a) and (b) are correct.
(2) None of the statements are correct.
(3) Only statement (a) is correct.
(4) Only statement (b) is correct.
9 (a) The misrepresentation required for fraud may consist in either a positive act or an
omission.
(b) Theft by false pretences always involves fraud.
(1) Only statement (a) is correct.
(2) Both statements (a) and (b) are correct.
(3) None of the statements are correct.
(4) Only statement (b) is correct.
10 (a) In order to be convicted of the crime of malicious injury to property, X must act with
an evil or malicious motive.
(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.
(1) Both statements (a) and (b) are correct.
