CRW2602 Assignment 2 Semester 1 2023 Answers, guidelines, workings and references......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. (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. (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. 16 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. (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. 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. (c) The crime of theft may be committed if somebody temporarily deprives the owner of control of his possession. (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. (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. (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. CRW2602/101 17 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. (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. (c) The crime of housebreaking with intent to commit a crime can be committed in respect of a railway truck used for storing goods. (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.
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