CRW with verified questions and answers

TERRORISM Any act committed inside or outside the republic which ... involves the use of violence by any means or method Involves the release into the republic any dangerous or harmful substance Endangers the life, or violate the physical integrity of any person Cause serious risk to the health or safety of the public Cause substantial damage to any property Is designed or calculated to cause serious interference with or serious disruption of an essential service Any major economic loss or extensive destabilisation of an economic system of a country or create a serious public emergency PUBLIC VIOLENCE Unlawful and intentional performance of an act, or acts, by a number of persons which assumes serious proportions and is intended to disturb the public peace and order by violent means, or to infringe the rights of another. COMMON LAW PERJURY Unlawful and intentional making of a false declaration under oath, or in a form allowed by law to be substituted for an oath, in the course of legal proceedings STATUTORY PERJURY In terms of the Criminal Procedure Act 56 of 1955: Anyone who under oath makes a false statement or who makes a statement under oath and then makes a second statement which contradicts the first, where he is alleged to have made two contradicting statements without proof as to which one is false. DEFEATING OR OBSTRUCTING THE COURSE OF JUSTICE Unlawfully and intentionally engaging in conduct which defeats or obstructs the course or administration of justice Contempt of Court Unlawful and intentional violation of the dignity, repute or authority of a judicial body or a judicial officer in his judicial capacity, OR The publication of information or comment concerning a pending judicial proceeding, which has the tendency to influence the outcome of the proceeding or to interfere with the administration of justice in that proceeding. CORRUPTION Anyone that (a) accepts any gratification from any other person, or (b) gives any gratification to any other person, in order to act in a manner that amounts to the illegal exercise of any duties, is guilty of the offence of corruption. Corruption by the giver This type of offence is committed when X gives gratification to Z, whether for the benefit of Z or any other person, with the intention of inducing Z to act personally or to influence another person to act in a manner which amounts to the illegal exercise of any duty. EXTORTION Unlawful and intentional acquisition of a benefit from some other person by applying pressure to that person which induces her to part with the benefit. Unlawful possession of firearm Any person who possesses a firearm without a license, permit or authorisation issued in terms of the Act for that firearm, commits an offence (s 3 of the Act). Reckless and negligent driving S63 (1) No person shall drive a vehicle on a public road recklessly or negligently. (2) Without restricting the ordinary meaning of the word "recklessly" any person who drives a vehicle in willful or wanton disregard for the safety of persons or property shall be deemed to drive that vehicle recklessly. Inconsiderate driving No person shall drive a vehicle on a public road without reasonable consideration for any other person using the road (s64). Driving under the influence No person shall on a public road - (a) drive a vehicle; or (b) occupy the driver's seat of a motor vehicle the engine of which is running, while under the influence of intoxicating liquor or a drug having a narcotic effect. Driving with excessive alcohol in the blood No person shall on a public road - (a) drive a vehicle; or (b) occupy the driver's seat of a motor vehicle the engine of which is running, while the concentration of alcohol in any specimen of blood taken from any part of his or her body is not less than 0,05 gram per 100 milliliters, or in the case of a professional driver referred to in section 32, not less than 0,02 gram per 100 milliliters (s65(2)). Driving or occupying a driver's seat while under the influence of alcohol Section 65(5) also provides for an offence where (1) a person drives a vehicle or (2) occupies the driver's seat if the level exhaled by breath is not less than 0.24 milligrams per 1 000 milliliters. Duty to report an accident (S61(1)) The driver of a vehicle at the time when such vehicle is involved in or contributes to any accident in which any person is killed or injured or suffers damage in respect of any property, including a vehicle, or animal shall - (a) immediately stop the vehicle and report the accident on the prescribed form and in the prescribed manner, the officer concerned shall deal with the report in the prescribed manner and the chief executive officer must ensure that the accident is recorded in the register of accidents in the prescribed manner and within the prescribed period; (b) ascertain the nature and extent of any injury sustained by any person; (c) if a person is injured, render such assistance to the injured person as he or she may be capable of rendering; (d) ascertain the nature and extent of any damage sustained; (e) if required to do so by any person having reasonable grounds for so requiring, give his or her name and address, the name and address of the owner of the vehicle driven by him or her and, in the case of a motor vehicle, the license number thereof Rape Any person (X) who unlawfully and intentionally commits an act of sexual penetration with a complainant (Y) without his/her consent is guilty of the offence. Compelled rape Any person who unlawfully and intentionally compels a third person without his/her consent to commit an act of sexual penetration with a complainant without Y's consent. Compelled sexual assault A person who unlawfully and intentionally compels a third person to commit an act of sexual violation with a complainant without the complainant or that third person's consent is guilty of the offence (section 6). Compelled self sexual assault (S7) A person (X) who unlawfully and intentionally compels a complainant (Y) without Y's consent to - (a) engage in (i) masturbation; (ii) any form of arousal or stimulation of a sexual nature of the female breasts; or (iii) sexually suggestive or lewd acts with Y himself or herself; (b) engage in any act which has or may have the effect of sexually arousing or degrading Y; or (c) cause Y to penetrate in any manner whatsoever her own genital organs or his or her anus. Incest Persons who may not lawfully marry each other on account of consanguinity, affinity or an adoptive relationship and who unlawfully and intentionally engage in an act of sexual penetration with each other are, despite their mutual consent to engage in such act. Bestiality A person who unlawfully and intentionally commits an act (a) which causes penetration to any extent whatsoever by the genital organs of (i) X into or beyond the mouth, genital organs or anus of an animal; or (ii) an animal into or beyond the mouth, genital organs or anus of X; or (b) of masturbation of an animal, unless such act is committed for scientific reasons or breeding purposes, or of masturbation with an animal (s13) Consensual sexual penetration with children A person (X) who commits an act of sexual penetration with a child (Y) is, despite the consent of Y to the commission of such an act, guilty of the offence. (s 15). Assault Unlawfully and intentionally (1) applies force, directly or indirectly, to the person of another, or (2) inspires a belief in another person that force is immediately to be applied to her. POINTING OF FIREARM Section 120(6) of the Firearms Control Act 60 of 2000 provides that it is an offence to point: (a) any firearm, an antique firearm or an air gun, whether or not it is loaded or capable of being discharged, at any other person, without good reason to do so; or (b) anything which is likely to lead a person to believe that it is a firearm, an antique firearm or an air gun at any other person, without good reason to do so. Murder Causing the death of another human being, intentionally and unlawfully Culpable homicide Negligently and unlawfully causing the death of another human being Crimen Iniuria The unlawful and intentional serious infringement of another persons right to dignity and privacy Criminal defamation Unlawful and intentional publication of matter concerning another person which tends to hurt his or her reputation Abduction Unlawful and intentional removal of an unmarried minor from the control of their parent or guardian without consent, intending that he or she or a third party have sexual intercourse with or marry the minor. Kidnapping Intentionally and unlawfully depriving a person of their freedom of movement or in the case of a under 18 year old, depriving the custodians of the control of the child. Theft The intentional and unlawful appropriation of moveable, corporeal property which: (a) belongs to and is in the possession of another (b) belongs to another but is in the perpetrators possession (Embezzlement) (c) Belongs to the perpetrator but is in the lawful possession of another who has the right of possession of that property (Leasee) (aggregation of property) Provided that the intention is to permanently deprive the person entitled to possession of possession of the property. Robbery Consists of the theft of property unlawfully and intentionally using: (1) violence to take the property of another (2) threats of violence to induce the other person to submit to the taking of their property Receiving stollen property Receiving stollen property, knowing it to be stolen. Fraud Unlawful ann intentional making of a statement which causes actual prejudice or which is potentially prejudicial Forgery Consists of the unlawful and intentional making a false document to the actual or potential prejudice of another. Theft by false pretences Intentionally and unlawfully obtains moveable corporeal property, belonging to another person, with the consent of the person from whom he or she obtains it, such consent being given as a result of a misrepresentation by the other person committing the offence. Uttering Intentional and unlawful passing off a false document to the actual or potential prejudice of another. Malicious Injury to Property Unlawful and intentional: (1) damaging property belonging to another (2) damaging ones own property with the intention of claiming from insurance. Housebreaking with the intention to commit a crime Unlawful and intentional breaking into and entering a building or structure with the intention of committing some crime,