CRW2601 Assignment 1 (DETAILED ANSWERS) Semester 1 2025 - DISTINCTION GUARANTEED

CRW2601 Assignment 1 (DETAILED ANSWERS) Semester 1 2025 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references ,.. Read the following facts then choose thecorrect option bel ow : X assaults Y andbreaks her arm. Z, who has witnessed theassault, decides to help Y by taking her tothe hospital for treatment. Z is drinkingand driving which impairs his judgment.Z drives recklessly by constantlyswerving the car. Y notices this and isscared for her life. Y opens the door ofZ’s car and jumps out. Y is hit by anothercar and suffers serious head injurieswhich results in her death. Select one: A. X is not the factual cause of Y’sdeath because there was a novus actus interveniens between X’s act and that of Yjumping from a moving motorvehicle. B. X is the factual cause of Y’sdeath because if X did notassault Y, she would not havebeen in the motor vehicle in thefi rst place. C. Y is the factual cause of her owndeath because she died as aresult of her own conduct byjumping out of a moving vehicle. D. Z is the factual cause of Y’sdeath because Z was driving themotor vehicle in a recklessmanner which resulted in Yjumping out of the car and dyingas a result. , 9:51 PM Assessment 1: Attempt review 8 Complete Mark 10.00 out of 10.00 Read the following facts then choose thecorrect option below : X, an 11-year-oldschoolgirl, notices that her classmate Yhas a beautiful expensive watch. X reallylikes the watch and decides that she willsteal it when they go for swimmingpractice. While Y locks her watch in herlocker, X sees the secret code Y puts intothe locker. After Y leaves, X opens thelocker, and takes and hides the watch.When X goes home, X takes the watchwith her. Select one: A. X will be charged with theft if thestate can prove that X hascriminal capacity. B. X will be charged with theftbecause she acted voluntarilyand she does not have anyground of justifi cation. C. X will be charged with the theftof the watch because she hadthe necessary intention to stealthe watch and she appropriatedit. D. X will not be charged with thetheft of the watch because shelacked criminal capacity andcannot be prosecuted for theft. 9 Complete Mark 10.00 out of 10.00 Read the following facts then choose thecorrect option below : X lives on a farmand sleeps with a loaded pistol under herpillow for fear of armed robbers. Onenight X hears a noise that resembles theopening of a door. X jumps out of bed,grabs her pistol and shoots towards thedoor, only to realize later that she hasfatally shot her husband who hasunexpectedly returned from a trip tosurprise her. On a charge of murder: Select one: A. X may rely on putative privatedefence because shesubjectively found herself indanger. B. X may rely on private defencebecause she objectively foundherself in danger. C. X may rely on the absence ofculpability because she wasmistaken, and her mistakeexcluded the intention to murderher husband. D. X will not be able to rely on anydefence and will be charged withmurder. Question 10 Complete Mark 10.00 out of 10.00 Read the following facts then choose thecorrect option below : X is employed as alifeguard at a resort. The pool has asignboard warning persons that theyenter the pool at their own risk. One day,during an out-of-season period, Y, who isa guest at the resort, decides to enter thepool even though he is not a goodswimmer. Y, who is of a much biggerbuild than X, enters the pool, stumbles onthe steps, and fi nds himself drowning. Xis apprehensive to enter the pool torescue Y as he is afraid that they wouldboth drown as Y is so much larger thanhim. X throws a lifesaving buoy to Y tocling onto, but Y does not see the buoy.There is no one else to assist and Ydrowns and dies. Select one: A. X will not be convicted ofculpable homicide because itwas impossible for him to saveY because of Y’s much largerphysique. B. X will not be convicted ofculpable homicide because Yentered the pool aware that he isentering at his own risk and thathe is not a good swimmer. C. X will be convicted of culpablehomicide because as a lifeguard,he has a legal duty to actpositively even though this actwould have caused his owndeath. D. X will be convicted of culpablehomicide because his omissionwas voluntary. Question 1 Complete Mark 10.00 out of 10.00 Question 2 Complete Mark 10.00 out of 10.00 QUIZ Read the following facts then choose the correct option below: X goes on a vacation with his pets (a dog and a cat). He rents a cabin close to the river. One day X decides to take a late-night walk and whilst he is standing outside, he calls his dog who is inside the cabin, to walk with him. The dog jumps up and frightens the sleeping cat. The frightened cat jumps through the window of the cabin knocking over a lit candle which in turn sets the whole cabin alight. Select one: A. X’s act is the legal cause of the burning down of the cabin because if it was not for X calling his dog, the cat would not have been frightened causing the cabin to burn down. B. X’s act is not the legal cause of the burning down of the cabin because the cat’s conduct was the most operative one. C. X’s act is not the legal cause of the burning down of the cabin because calling a dog is not an act that, according to human experience in the normal course of events, has the tendency to cause a wooden cabin to burn down. D. X’s act is the legal cause of the burning down of the cabin because his act can be described as the proximate cause. Read the following facts then choose the correct option below: X lives on a farm and sleeps with a loaded pistol under her pillow for fear of armed robbers. One night X hears a noise that resembles the opening of a door. X jumps out of bed, grabs her pistol and shoots towards the door, only to realize later that she has fatally shot her husband who has unexpectedly returned from a trip to surprise her. On a charge of murder: Select one: A. X will not be able to rely on any defence and will be charged with murder. B. X may rely on the absence of culpability because she was mistaken, and her mistake excluded the intention to murder her husband. C. X may rely on putative private defence because she subjectively found herself in danger. D. X may rely on private defence because she objectively found herself in danger. Font size A- A A+ Site color R A A A 3/25/24, 8:49 PM Assessment 1: Attempt review Question 3 Complete Mark 0.00 out of 10.00 Question 4 Complete Mark 0.00 out of 10.00 Read the following facts then choose the correct option below: X is employed as a lifeguard at a resort. The pool has a signboard warning persons that they enter the pool at their own risk. One day, during an out-of-season period, Y, who is a guest at the resort, decides to enter the pool even though he is not a good swimmer. Y, who is of a much bigger build than X, enters the pool, stumbles on the steps, and finds himself drowning. X is apprehensive to enter the pool to rescue Y as he is afraid that they would both drown as Y is so much larger than him. X throws a lifesaving buoy to Y to cling onto, but Y does not see the buoy. There is no one else to assist and Y drowns and dies. Select one: A. X will be convicted of culpable homicide because his omission was voluntary. B. X will not be convicted of culpable homicide because Y entered the pool aware that he is entering at his own risk and that he is not a good swimmer. C. X will be convicted of culpable homicide because as a lifeguard, he has a legal duty to act positively even though this act would have caused his own death. D. X will not be convicted of culpable homicide because it was impossible for him to save Y because of Y’s much larger physique. Read the following facts then choose the correct option below: X, an 11-year-old schoolgirl, notices that her classmate Y has a beautiful expensive watch. X really likes the watch and decides that she will steal it when they go for swimming practice. While Y locks her watch in her locker, X sees the secret code Y puts into the locker. After Y leaves, X opens the locker, and takes and hides the watch. When X goes home, X takes the watch with her. Select one: A. X will be charged with theft if the state can prove that X has criminal capacity. B. X will be charged with theft because she acted voluntarily and she does not have any ground of justification. C. X will be charged with the theft of the watch because she had the necessary intention to steal the watch and she appropriated it. D. X will not be charged with the theft of the watch because she lacked criminal capacity and cannot be prosecuted for theft. Font size A- A A+ Site color R A A A 3/25/24, 8:49 PM Assessment 1: Attempt review Question 5 Complete Mark 10.00 out of 10.00 Question 6 Complete Mark 10.00 out of 10.00 Question 7 Complete Mark 10.00 out of 10.00 In Masiya v Director of Public Prosecutions 2007 (2) SACR 435 (CC), the Constitutional Court held that the courts: Select one: A. may extend a crime’s field of application, but not to the detriment of the accused. B. may not broaden the definition of the common-law crime of rape. C. have the major responsibility for law reform. D. may not consider the constitutionality of a common-law rule or change it. Is the following charge valid in terms of the principle of legality? A law prohibiting smoking e-cigarettes (vaping) in restaurants comes into effect on 1 February 2023. On 2 February 2023, X, the owner of a restaurant, lays a charge against Y because Y was vaping in his restaurant on 31 January 2023. Select one: A. The charge laid by X against Y is a valid charge since it complies with the principle of legality. B. The charge laid by X against Y is not valid since it conflicts with the prohibition against retrospectivity. C. The charge laid by X against Y is not valid because there is no penalty attached. D. The charge laid by X against Y is not valid since it is a vaguely formulated charge. Read the following facts and then choose the correct option: The evidence reveals that one night while X was walking in his sleep, he trampled upon Y, who happened to be sleeping on the floor. If X is charged with having assaulted Y, X is ... Select one: A. not guilty of assault, as he did not have any intention of injuring Y. B. not guilty of assault, as his act was not voluntary. C. guilty of assault, as his act was unlawful. D. guilty of assault, as he had the necessary mental abilities to act. Font size A- A A+ Site color R A A A 3/25/24, 8:49 PM Assessment 1: Attempt review Question 8 Complete Mark 10.00 out of 10.00 Question 9 Complete Mark 0.00 out of 10.00 The Supreme Court of Appeal in Eadie 2002 (1) SACR 663 (SCA) held that: Select one: A. a plea of non-pathological criminal incapacity owing to emotional stress and provocation is nothing else than the defence of insane automatism. B. for the defence of non-pathological criminal incapacity to succeed, there is no need to prove that, at the time of the commission of the act, X was suffering from a mental illness. C. there is no difference between the conative leg of criminal capacity and the act requirement in criminal liability that X’s bodily movements must be voluntary. D. a plea of non-pathological criminal incapacity owing to emotional stress and provocation is nothing else than the defence of relative force. Read the following facts then choose the correct option below: X assaults Y and breaks her arm. Z, who has witnessed the assault, decides to help Y by taking her to the hospital for treatment. Z is drinking and driving which impairs his judgment. Z drives recklessly by constantly swerving the car. Y notices this and is scared for her life. Y opens the door of Z’s car and jumps out. Y is hit by another car and suffers serious head injuries which results in her death. Select one: A. Z is the factual cause of Y’s death because Z was driving the motor vehicle in a reckless manner which resulted in Y jumping out of the car and dying as a result. B. X is the factual cause of Y’s death because if X did not assault Y, she would not have been in the motor vehicle in the first place. C. Y is the factual cause of her own death because she died as a result of her own conduct by jumping out of a moving vehicle. D. X is not the factual cause of Y’s death because there was a novus actus interveniens between X’s act and that of Y jumping from a moving motor vehicle. Font size A- A A+ Site color R A A A 3/25/24, 8:49 PM Assessment 1: Attempt review Question 10 Complete Mark 10.00 out of 10.00 Read the following facts then choose the correct option below: X has been charged with murder. X was mentally ill before and after the commission of the unlawful act, but she committed the crime at a time when she happened to be sane. Select one: A. X lacked intention to commit the murder. B. X may plead mental illness of a non-permanent nature. C. X may plead a lucid interval of mental illness. D. X did not lack criminal capacity when committing the murder. Font size A- A A+ Site color R A A A Question 1 Answer saved Marked out of1.00 In the case of Henry 1999 (1) SACR 13 (SCA), the appellant was found: Select one: A. guilty of two counts of murder, and his defence of sane automatism was rejected. B. not guilty of two counts of murder, as his defence of sane automatism was accepted. C. not guilty of two counts of murder, as his defence of insane automatism was accepted. D. guilty of two counts of murder, and his defence of insane automatism was rejected. Clear my choice ◄ Ask your lecturer about module-related queries and assignments Jump to... Assessment 2 ►  Dashboard / My courses / CRW2601-23-S1 / Welcome Message / Assessment 1  Dashboard Calendar Question 2 Answer saved Marked out of1.00 Read the following facts and then choose the correct option: In order to protect his family, X shoots and kills Y, an armed burglar, in X’s house in the middle of the night: Select one: A. X may not rely on private defence on a charge of murder since he has exceeded the limits of this ground of justification. B. X may rely on private defence on a charge of murder since he was not aware of the unlawfulness of his act and lacked intention. C. X may not rely on private defence on a charge of murder since X should first try to arrest Y, and then call the police. D. X may rely on putative private defence on a charge of murder since the defence only existed in X’s mind or thoughts. Clear my choice ◄ Ask your lecturer about module-related queries and assignments Jump to... Assessment 2 ►  Dashboard / My courses / CRW2601-23-S1 / Welcome Message / Assessment 1  Dashboard Calendar Question 3 Not yetanswered Marked out of1.00 Read the following facts then choose the correct option: X obtains consent from Y, a mentally-ill woman, to have sexual intercourse with her. Select one: A. X can rely on consent as a ground of justification since Y’s consent was obtained during a period of lucidum intervallum . B. X can rely on consent as a ground of justification since he has complied with all the requirements of consent. C. X cannot rely on consent as a ground of justification since Y is not endowed with minimum mental abilities. D. X cannot rely on consent as a ground of justification since he should have obtained Y’s parent’s consent first. Clear my choice ◄ Ask your lecturer about module-related queries and assignments Jump to... Assessment 2 ►  Dashboard / My courses / CRW2601-23-S1 / Welcome Message / Assessment 1  Dashboard Calendar Question 4 Not yetanswered Marked out of1.00 Does the following law comply with the principle of legality? Parliament enacts a law which provides that any person who commits an act that could possibly harm good relationsbetween people is guilty of a crime and could be subject to a fine of R1500. Select one: A. The law does not comply with the principle of legality since it conflicts with the ius strictum rule. B. The law does not comply with the principle of legality since it conflicts with the ius praevium rule. C. The law does not comply with the principle of legality since it conflicts with the ius certum rule. D. The law does not comply with the principle of legality since it conflicts with the ius acceptum rule. Clear my choice ◄ Ask your lecturer about module-related queries and assignments Jump to... Assessment 2 ►  Dashboard / My courses / CRW2601-23-S1 / Welcome Message / Assessment 1  Dashboard Calendar Question 5 Not yetanswered Marked out of1.00 Read the following facts and then choose the best option below: X wants to kill Y. He stabs Y with a knife and inflicts a wound to Y’s arm. Y tries to escape from X and runs into thestreet where he is run over by a car driven by Z and killed. Select one: A. X is the factual cause of Y’s death because of the presence of a novus actus interveniens. B. X is the legal cause of Y’s death because of the presence of a novus actus interveniens. C. X is the factual and the legal cause of Y’s death because of the presence of a novus actus interveniens. D. X is not the legal cause of Y’s death because of the presence of a novus actus interveniens. Clear my choice ◄ Ask your lecturer about module-related queries and assignments Jump to... Assessment 2 ► Dashboard / My courses / CRW2601-23-S1 / Welcome Message / Assessment 1  Dashboard Calendar Question 6 Not yetanswered Marked out of1.00 An inquiry into X’s criminal liability always consists of firstly establishing whether the type of conduct forming the basis of the charge is: Select one: A. immoral or dangerous to society. B. an example of unlawful conduct. C. recognised as a crime in our law. D. worthy of being punished as a crime in the opinion of the court. Clear my choice ◄ Ask your lecturer about module-related queries and assignments Jump to... Assessment 2 ► Dashboard / My courses / CRW2601-23-S1 / Welcome Message / Assessment 1  Dashboard Calendar Question 7 Not yetanswered Marked out of1.00 The Supreme Court of Appeal in Eadie 2002 (1) SACR 663 (SCA) held that: Select one: A. there is no difference between the conative leg of criminal capacity and the act requirement in criminal liability that X’s bodily movements must be voluntary. B. a plea of non-pathological criminal incapacity owing to emotional stress and provocation is nothing else than the defence of insane automatism. C. a plea of non-pathological criminal incapacity owing to emotional stress and provocation is nothing else than the defence of relative force. D. for the defence of non-pathological criminal incapacity to succeed, there is no need to prove that, at the time of the commission of the act, X was suffering from a mentalillness. Clear my choice ◄ Ask your lecturer about module-related queries and assignments Jump to... Assessment 2 ►  Dashboard / My courses / CRW2601-23-S1 / Welcome Message / Assessment 1  Dashboard Calendar Question 8 Not yetanswered Marked out of1.00 In Masiya v Director of Public Prosecutions 2007 (2) SACR 435 (CC), the Constitutional Court held that: Select one: A. a court may extend a crime’s field of application, but not to the detriment of the accused. B. a court may not broaden the definition of the common-law crime of rape. C. a court may not consider the constitutionality of a common-law rule or change it. D. the courts have the major responsibility for law reform. Clear my choice ◄ Ask your lecturer about module-related queries and assignments Jump to... Assessment 2 ► Dashboard / Welcome Message / Assessment 1  Dashboard Calendar Question 9 Not yetanswered Marked out of1.00 In the case of Mokgethi 1990 (1) SA 32 (A), the Appellate Division held that: Select one: A. the bullet wound was the legal cause of the deceased’s death. B. the bullet wound was both the factual and legal cause of the deceased’s death. C. there was sufficient causal connection between the bullet wound and the deceased’s death. D. there was not sufficient causal connection between the bullet wound and the deceased’s death. Clear my choice ◄ Ask your lecturer about module-related queries and assignments Jump to... Assessment 2 ►  Dashboard / My courses / Assessment 1  Dashboard Calendar Question 10 Not yetanswered Marked out of1.00 Read the following facts and then choose the correct option: If Z threatens to kill X if he (X) does not kill Y, and X kills Y, can X be found guilty of murder? Select one: A. Yes, because X has committed a voluntary act. B. No, because the voluntary nature of X’s act is excluded by absolute force, and he had no intention to murder Y. C. No, because the voluntary nature of X’s act is excluded by relative force. D. Yes, because X has committed an unlawful act that complies with the definitional elements of murder. Clear my choice ◄ Ask your lecturer about module-related queries and assignments  Welcome Message / Assessment 1  Dashboard Calendar Question 1 Answer saved Marked out of1.00 The cognitive element of intention consists in X’s knowledge/awareness of: Select one: A. the act, existence of definition elements and the unlawfulness of the act. B. the act, voluntariness of an act and intention. C. X directing his will towards a certain act/result. D. the unlawfulness of the act. Read the following facts then choose the correct option below: X is trimming a tree situated between his garden and that ofhis neighbour (Y) with a chainsaw. While standing on a ladder to cut the top branches, a strong gust of wind causes theladder to wobble and tip over. X falls down and accidentally damages his neighbour's fence with the chainsaw. X is chargedwith malicious injury to the property of Y. X may invoke the defence: Select one: A. that he did not perform a voluntary act. B. that there was a mechanical failure of his chainsaw’s safety feature which should have caused it to immediately stopworking in cases of uncontrolled activation. C. that he had no intention to damage Y's property. D. that his act was not unlawful but caused by natural forces (the wind). Clear my choice UNISA  Read the following facts then choose the correct option below: To impress her friends, X, an 11-year-old girl, steals thenewest smart phone from a shop and is caught by the mall security officers. Can X be criminally prosecuted for the theft ofthe smart phone? Select one: A. No, because X is irrebuttably presumed to lack criminal capacity. B. Yes, because X committed an unlawful act intentionally. C. No, because X is presumed to lack criminal capacity. D. Yes, if the state can prove beyond reasonable doubt that X committed the crime. Assessment 1 Question 3 Not yet answered Marked out of 10.00 QUIZ Read the following facts then choose the correct option: X shoots Y. Believing Y to be dead, X buries Y’s body. However, Y isstill alive and dies because of asphyxiation due to lack of oxygen. X will: Select one: A. not be convicted of Y's murder as he had no intention of killing Y by way of asphyxiation. B. be convicted of Y's murder as his acts of shooting and burying Y amount to a single course of conduct. C. not be convicted of Y's murder as there is no causal connection between X’s initial act of shooting Y and Y’s eventualdeath because of asphyxiation. D. be convicted of Y's murder as his initial act of shooting Y complies with the definitional elements of the crime ofmurder. Clear my choice  Welcome Message  Assessment 1 Question 4 Not yet answered Marked out of 10.00 QUIZ Read the following facts then choose the correct option below: While at a party, X, who is under the influence of alcohol,shoves Y quite aggressively. Y’s head hits a wall resulting in a huge wound on his head. Z, who has witnessed the scene,decides to help Y by taking him to the hospital for stitches. Z also had too much to drink so while driving, his judgement isseverely impaired. Z weaves the car through oncoming traffic with total disregard for the safety of others . Y notices this andis scared for his life. Y opens the door of Z’s car and jumps out. He is hit by another car and suffers serious head injurieswhich results in his death. Select one: A. Y is the factual cause of his own death because he died as a result of his own conduct of jumping out of a movingvehicle. B. Z is the factual cause of Y’s death because he was driving the motor vehicle in a reckless manner which resulted in Yjumping out of the car and dying as a result. C. X is the factual cause of Y’s death because if he did not shove Y, Y would not have been in the motor vehicle in thefirst place. D. X is not the factual cause of Y’s death because Z's conduct represents a novus actus interveniens between X's actand that of Y jumping from a moving motor vehicle. Clear my choice Welcome Message  Assessment 1 Question 5 Not yet answered Marked out of 10.00 QUIZ Read the following facts and then choose the correct option: In an attempt to save her toddler’s life after the child swallowedsome pills X had carelessly left on a bedside table, X has no other option than to take her neighbour’s car to drive the child tothe hospital. However, on her way there, X is stopped by the police and charged with driving a vehicle without a valid licence.In such an instance, X may: Select one: A. not rely on the defence of necessity, as X has caused the emergency herself. B. rely on the defence of necessity, as a legal interest of X was being threatened. C. rely on the defence of necessity, as X was protecting another’s interests. D. not rely on the defence of necessity, as X must have had other alternatives than to break the law. Clear my choice UNISA  2025  Welcome Message  Assessment 1 Question 6 Not yet answered Marked out of 10.00 QUIZ Read the following facts and then choose the best option below: In a very secluded area, X rapes Y and stabs her in thestomach with a knife. Y is seriously wounded and will die if she does not receive medical treatment within 30 minutes. Zappears on the scene, and shoots Y in the head. Y dies instantly. X is: Select one: A. the legal cause of Y’s death because of the presence of a novus actus interveniens. B. not the factual cause of Y’s death because Z’s shot was the immediate cause of Y’s death . C. the factual cause of Y’s death because of the presence of a novus actus interveniens. D. both the factual and the legal cause of Y’s death . Clear my choice UNISA   Welcome Message  Assessment 1 Question 7 Not yet answered Marked out of 10.00 QUIZ Read the following facts then choose the correct option below: In January 2024, X is charged with the crime of maliciousdamage to property which he allegedly committed in September 2022. Assume that in 2022 legislation provided that a firstoffender could not be sent to prison for a conviction of malicious damage to property. However, in 2023, the legislatureamended the legislation, giving the courts a discretion to send a first offender convicted of this offence to prison for a periodnot exceeding six months. X, a first offender, is convicted of the crime of malicious damage to property. The court, relying onthe new legislation, sentences him to a period of three months’ imprisonment. The punishment imposed by the court may bechallenged on the ground that it violates: Select one: A. the ius praevium principle. B. the ius strictum principle. C. the ius certum principle. D. the ius acceptum principle. Clear my choice UNISA   Welcome Message  Assessment 1 Question 8 Not yet answered Marked out of 10.00 QUIZ Which one of the following statements is correct? Select one: A. In Goliath 1972 (3) SA (A), the court held that the accused acted under absolute force which constitutes a completedefence to a charge of murder. B. In Minister van Polisie v Ewels 1975 (3) SA 590 (A), the court held that the legal duty to act positively is determined bythe legal convictions of the community and not because a person is the incumbent of a certain office. C. For X to succeed with the defence of impossibility, he only needs to prove that the legal provision that is infringedplaced a positive duty on him and that he was not responsible for the situation of impossibility. D. In Henry 1999 (1) SACR 13 (SCA), the court held that if X relies on the defence of sane automatism, the onus ofproving that the act was performed voluntarily rests on the state but X must also provide a basis for his defence. Clear my choice UNISA  1  Welcome Message  Assessment 1 Question 9 Not yet answered Marked out of 10.00 QUIZ In which one of the following acts may X be punished for his conduct in terms of criminal law? Select one: A. X, a person who suffers from low blood sugar, swings his hand while having a seizure and hits Y in the face. B. X throws his pet snake on his neighbour Y whom he dislikes. X knows that the snake is very aggressive and biteseasily. The snake bites and seriously injures Y. C. Whilst driving, X, an 80-year-old man has a sudden stroke. He thereafter loses control of his motor vehicle and hitsand injures a pedestrian. D. Z, who is much bigger and stronger than X, grabs X's hand in which she is holding a knife, and presses it, with theblade pointing downward, into Y's chest, resulting in Y's death.