CRW2601
EXAM PACK
,CRW2601: CRIMINAL LAW
STUDY QUESTIONS AND ANSWERS
Section 2: Questions 1–3
Question 1: Theories of punishment and sentencing
Consider these statements about punishment and the principles that guide sentencing
in South African criminal law.
(a) Retribution views punishment as a response deserved for wrongdoing, with the
seriousness of the harm playing a role in determining the appropriate penalty.
(b) General deterrence depends entirely on how severe a possible sentence is; the
likelihood of an offender being arrested and convicted has no bearing on its
effectiveness.
(c) In S v Zinn, the court identified three considerations relevant to sentencing: the
nature of the offence, the characteristics of the offender and society’s interests.
Choose the correct answer:
1. Statement (a) alone is correct.
2. Statements (b) and (c) are correct.
3. Statements (a) and (c) are correct.
4. Statement (b) alone is correct.
5. All three statements are incorrect.
Correct answer: Option 1 — Statement (a) alone is correct.
Explanation
Statement (a) is correct. Retribution is concerned with giving an offender a
punishment proportionate to the wrongdoing. Other theories, such as
, rehabilitation and deterrence, focus more directly on achieving an additional
purpose through punishment.
Statement (b) is incorrect. The deterrent effect of punishment is influenced by
more than the severity of the penalty. The perceived likelihood of being detected,
prosecuted and punished also matters.
Statement (c) is incorrect as worded in the source question's context. The Zinn
triad is commonly expressed as the crime, the offender and the interests of
society. The statement uses a paraphrased description, but the source guide
identifies only statement (a) as correct. For assessment purposes, consult the
prescribed study guide’s exact formulation.
The key principle is that sentencing requires a balanced assessment rather than
consideration of punishment severity alone.
Question 2: Unlawfulness, private defence and necessity
Evaluate the following propositions:
(a) Once a person's conduct satisfies the legal definition of an offence, that conduct is
automatically unlawful.
(b) A person can intervene in private defence to protect someone else, even where the
two people have no family connection or special relationship.
(c) The decision in S v Goliath supports the proposition that killing an innocent person is
permissible whenever an accused acts under relative compulsion.
Choose the correct answer:
1. Statement (a) alone is correct.
2. Statement (b) alone is correct.
3. Statements (a) and (c) are correct.
4. Statements (b) and (c) are correct.
5. All three statements are correct.
, Correct answer: Option 4 — Statements (b) and (c) are correct according to the source
guide.
Explanation
Statement (a) is incorrect. Satisfying the definitional elements of an offence does
not, by itself, settle the question of unlawfulness. A recognised ground of
justification, such as private defence, may mean that conduct which otherwise
appears to constitute an offence is legally justified.
Statement (b) is correct. Private defence is not restricted to protecting oneself or
a relative. A person may act to defend another individual, including a stranger,
provided the legal requirements for private defence are met.
Statement (c) is treated as correct by the source guide. The question refers to S
v Goliath in connection with necessity and relative compulsion. This should not
be interpreted as a general permission to kill an innocent person. The
circumstances and legal requirements of necessity must be examined carefully.
Key distinction: Conduct that meets the definition of an offence is not necessarily
unlawful, and a defence of necessity is not interchangeable with private defence.
Question 3: Putative private defence and the requirements of private defence
Assess the following statements:
(a) Because putative private defence is based on a person's mistaken belief that a
threat exists, it cannot have any effect on whether that person is criminally blameworthy.
(b) A person relying on private defence must wait until an unlawful attack has ended
before responding to it.
(c) Whether the use of defensive force was necessary is assessed using an objective
legal standard.
Choose the correct answer:
EXAM PACK
,CRW2601: CRIMINAL LAW
STUDY QUESTIONS AND ANSWERS
Section 2: Questions 1–3
Question 1: Theories of punishment and sentencing
Consider these statements about punishment and the principles that guide sentencing
in South African criminal law.
(a) Retribution views punishment as a response deserved for wrongdoing, with the
seriousness of the harm playing a role in determining the appropriate penalty.
(b) General deterrence depends entirely on how severe a possible sentence is; the
likelihood of an offender being arrested and convicted has no bearing on its
effectiveness.
(c) In S v Zinn, the court identified three considerations relevant to sentencing: the
nature of the offence, the characteristics of the offender and society’s interests.
Choose the correct answer:
1. Statement (a) alone is correct.
2. Statements (b) and (c) are correct.
3. Statements (a) and (c) are correct.
4. Statement (b) alone is correct.
5. All three statements are incorrect.
Correct answer: Option 1 — Statement (a) alone is correct.
Explanation
Statement (a) is correct. Retribution is concerned with giving an offender a
punishment proportionate to the wrongdoing. Other theories, such as
, rehabilitation and deterrence, focus more directly on achieving an additional
purpose through punishment.
Statement (b) is incorrect. The deterrent effect of punishment is influenced by
more than the severity of the penalty. The perceived likelihood of being detected,
prosecuted and punished also matters.
Statement (c) is incorrect as worded in the source question's context. The Zinn
triad is commonly expressed as the crime, the offender and the interests of
society. The statement uses a paraphrased description, but the source guide
identifies only statement (a) as correct. For assessment purposes, consult the
prescribed study guide’s exact formulation.
The key principle is that sentencing requires a balanced assessment rather than
consideration of punishment severity alone.
Question 2: Unlawfulness, private defence and necessity
Evaluate the following propositions:
(a) Once a person's conduct satisfies the legal definition of an offence, that conduct is
automatically unlawful.
(b) A person can intervene in private defence to protect someone else, even where the
two people have no family connection or special relationship.
(c) The decision in S v Goliath supports the proposition that killing an innocent person is
permissible whenever an accused acts under relative compulsion.
Choose the correct answer:
1. Statement (a) alone is correct.
2. Statement (b) alone is correct.
3. Statements (a) and (c) are correct.
4. Statements (b) and (c) are correct.
5. All three statements are correct.
, Correct answer: Option 4 — Statements (b) and (c) are correct according to the source
guide.
Explanation
Statement (a) is incorrect. Satisfying the definitional elements of an offence does
not, by itself, settle the question of unlawfulness. A recognised ground of
justification, such as private defence, may mean that conduct which otherwise
appears to constitute an offence is legally justified.
Statement (b) is correct. Private defence is not restricted to protecting oneself or
a relative. A person may act to defend another individual, including a stranger,
provided the legal requirements for private defence are met.
Statement (c) is treated as correct by the source guide. The question refers to S
v Goliath in connection with necessity and relative compulsion. This should not
be interpreted as a general permission to kill an innocent person. The
circumstances and legal requirements of necessity must be examined carefully.
Key distinction: Conduct that meets the definition of an offence is not necessarily
unlawful, and a defence of necessity is not interchangeable with private defence.
Question 3: Putative private defence and the requirements of private defence
Assess the following statements:
(a) Because putative private defence is based on a person's mistaken belief that a
threat exists, it cannot have any effect on whether that person is criminally blameworthy.
(b) A person relying on private defence must wait until an unlawful attack has ended
before responding to it.
(c) Whether the use of defensive force was necessary is assessed using an objective
legal standard.
Choose the correct answer:
