CRW2601 EXAM PACK 2026 EXAM SCRIPT
COMPREHENSIVE STUDY GUIDE GRADED A+
◉ Distinction between private defence and necessity. Answer: One of
the distinctions between private defence and necessity relates to the
object at which the act of defence is directed.
◉ Corporal punishment. Answer: Parents may never chastise their
children by means of corporal punishment.
◉ Criminal capacity of children. Answer: Although a child between
the ages of ten and fourteen years is presumed to lack criminal
capacity, the state is free to rebut this presumption.
◉ Intention in dolus eventualis. Answer: Intention in the form of
dolus eventualis is present if the causing of the forbidden result is
not X's main aim, but he subjectively foresees the possibility that his
conduct may cause the forbidden result and reconciles himself with
this possibility.
◉ Mistake and intention. Answer: A mistake need not be reasonable
to exclude intention.
,◉ Mistake in causation. Answer: A mistake relating to the chain of
causation can only occur in the context of materially-defined crimes.
◉ Intention requirement. Answer: In order to have intention, X must
have knowledge of all the elements of the crime including the
requirement of culpability itself.
◉ Superior knowledge and negligence. Answer: The fact that X
happens to have knowledge, which is superior to the knowledge of
the reasonable person, is not taken into account by the court when
determining his negligence.
◉ Statement correctness. Answer: Only statements (a) and (b) are
correct.
◉ Statement correctness. Answer: Only statement (c) is correct.
◉ Statement correctness. Answer: Only statements (a) and (c) are
correct.
◉ Statement correctness. Answer: Only statements (b) and (c) are
correct.
◉ Statement correctness. Answer: All these statements are correct.
,◉ Statement correctness. Answer: Only statements (c) are correct.
◉ Negligent. Answer: Someone who commits an error of judgment is
necessarily negligent, since the fictitious reasonable person is not
subject to the limitations of human nature.
◉ Involuntary Intoxication. Answer: Involuntary intoxication is a
complete defence.
◉ Action libera in causa. Answer: The action libera in causa is a form
of involuntary intoxication which serves as a complete defence.
◉ Versari Doctrine. Answer: The versari doctrine holds that if a
person engages in unlawful conduct, he is criminally liable for all the
consequences flowing from such conduct, irrespective of whether
there was in fact any culpability on his part in respect of such
consequences.
◉ Provocation. Answer: If X is charged with common assault, the
evidence of provocation may result in X being completely acquitted.
◉ Corporate Criminal Liability. Answer: In South Africa corporate
bodies may be convicted of crimes.
, ◉ Factors for Sentencing. Answer: Three factors must be taken into
account when imposing a sentence: 1. the crime; 2. the offender; and
3. the interests of society.
◉ Degree of Harm. Answer: Crime - degree of harm/seriousness of
violation (retributive theory).
◉ Personal Circumstances. Answer: Criminal - personal
circumstances of offender (reformative theory).
◉ Protection of Society. Answer: Interests of society - society must
be protected (preventive), community must be deterred (general
deterrence), righteous indignation of society must be given
expression (retributive).
◉ Criminal Liability Requirements. Answer: The four requirements
for criminal liability in the sequence in which they should be
investigated are: (1) Act + (2) Compliance with definitional elements
+ (3) Unlawfulness + (4) Culpability.
◉ Voluntary Act. Answer: To determine whether there was an act in
the criminal-law sense of the word, the question is merely whether
the act was voluntary.
COMPREHENSIVE STUDY GUIDE GRADED A+
◉ Distinction between private defence and necessity. Answer: One of
the distinctions between private defence and necessity relates to the
object at which the act of defence is directed.
◉ Corporal punishment. Answer: Parents may never chastise their
children by means of corporal punishment.
◉ Criminal capacity of children. Answer: Although a child between
the ages of ten and fourteen years is presumed to lack criminal
capacity, the state is free to rebut this presumption.
◉ Intention in dolus eventualis. Answer: Intention in the form of
dolus eventualis is present if the causing of the forbidden result is
not X's main aim, but he subjectively foresees the possibility that his
conduct may cause the forbidden result and reconciles himself with
this possibility.
◉ Mistake and intention. Answer: A mistake need not be reasonable
to exclude intention.
,◉ Mistake in causation. Answer: A mistake relating to the chain of
causation can only occur in the context of materially-defined crimes.
◉ Intention requirement. Answer: In order to have intention, X must
have knowledge of all the elements of the crime including the
requirement of culpability itself.
◉ Superior knowledge and negligence. Answer: The fact that X
happens to have knowledge, which is superior to the knowledge of
the reasonable person, is not taken into account by the court when
determining his negligence.
◉ Statement correctness. Answer: Only statements (a) and (b) are
correct.
◉ Statement correctness. Answer: Only statement (c) is correct.
◉ Statement correctness. Answer: Only statements (a) and (c) are
correct.
◉ Statement correctness. Answer: Only statements (b) and (c) are
correct.
◉ Statement correctness. Answer: All these statements are correct.
,◉ Statement correctness. Answer: Only statements (c) are correct.
◉ Negligent. Answer: Someone who commits an error of judgment is
necessarily negligent, since the fictitious reasonable person is not
subject to the limitations of human nature.
◉ Involuntary Intoxication. Answer: Involuntary intoxication is a
complete defence.
◉ Action libera in causa. Answer: The action libera in causa is a form
of involuntary intoxication which serves as a complete defence.
◉ Versari Doctrine. Answer: The versari doctrine holds that if a
person engages in unlawful conduct, he is criminally liable for all the
consequences flowing from such conduct, irrespective of whether
there was in fact any culpability on his part in respect of such
consequences.
◉ Provocation. Answer: If X is charged with common assault, the
evidence of provocation may result in X being completely acquitted.
◉ Corporate Criminal Liability. Answer: In South Africa corporate
bodies may be convicted of crimes.
, ◉ Factors for Sentencing. Answer: Three factors must be taken into
account when imposing a sentence: 1. the crime; 2. the offender; and
3. the interests of society.
◉ Degree of Harm. Answer: Crime - degree of harm/seriousness of
violation (retributive theory).
◉ Personal Circumstances. Answer: Criminal - personal
circumstances of offender (reformative theory).
◉ Protection of Society. Answer: Interests of society - society must
be protected (preventive), community must be deterred (general
deterrence), righteous indignation of society must be given
expression (retributive).
◉ Criminal Liability Requirements. Answer: The four requirements
for criminal liability in the sequence in which they should be
investigated are: (1) Act + (2) Compliance with definitional elements
+ (3) Unlawfulness + (4) Culpability.
◉ Voluntary Act. Answer: To determine whether there was an act in
the criminal-law sense of the word, the question is merely whether
the act was voluntary.
