1
Multiple chioce
Question 1
(a) If X hires Z to murder Y and Z murders Y, Z is the indirect perpetrator.
(b) If X buys dagga for his own use and Y acts merely as interpreter to the transaction, Y can
qualify as an accomplice.
(c) In Thebus 2003 (2) SACR 319 (CC) it was held that the only way in which a common
purpose can be established is if there is proof of a prior agreement between two or more
participants.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Only statements (a) and (b) are correct.
(4) Only statements (b) and (c) are correct.
(5) Only statement (c) is correct.
Question 2
(a) The liability of an accessory after the fact, and an accomplice, is accessory in character.
(b) Being an accessory after the fact completely overlaps with the crime known as defeating or
obstructing the course of justice.
(c) A joiner-in is a person who actively associates herself with a common purpose to kill
another, (Y), before the lethal wound is inflicted on Y.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Only statement (c) is correct.
(4) Only statements (a) and (b) are correct.
(5) All of these statements are correct.
Question 3
(a) In Davies 1956 (3) SA 52 (A) the court held that the commission of a “putative” crime is
punishable as attempt.
(b) One reason that the law punishes anticipatory crimes can be found in the preventive theory
of punishment.
(c) Attempt may be committed even where X’s actions amount to the mere preparation for a
crime.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Only statement (c) is correct.
(4) Only statements (a) and (b) are correct.
(5) None of these statements is correct.
Question 4
(a) X and Z can be convicted of the crime of conspiracy only if there is proof that they were in
direct communication with each other.
(b) X can be convicted of incitement even if there is no proof that X had persuaded Z to commit
the crime.
(c) The crime of corruption is committed only if the person to whom the benefit is offered is a
public official.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Only statement (c) is correct.
(4) Only statements (b) and (c) are correct.
(5) None of these statements is correct.
Question 5
(a) The crime of public violence can only be committed by a number of persons acting with a
common purpose.
(b) In the crime of perjury at common law, X will not be guilty of this crime if he makes a false
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statement under oath and thereafter acknowledges that the statement was false and tells
the truth.
(c) Contempt of court may be committed where the press publishes information relating to the
merits of a case which does not form part of the evidence while the case is still in progress.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Only statement (c) is correct.
(4) Only statements (a) and (c) are correct.
(5) None of these statements is correct.
Question 6
(a) The crime of rape is defined in section 3 of the Criminal Law (Sexual Offences and
Related Matters) Amendment Act 32 of 2007 as “any person (X) who unlawfully and
intentionally commits an act of sexual intercourse with a complainant (Y) without his/her
consent is guilty of the offence of rape”
(b) The Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007
makes provision for the situation that where X misleads Y with regard to the nature of an
act of sexual penetration with X, Y’s consent will be deemed to be invalid and the crime of
rape will be committed.
(c) In terms of section 3 of the Firearms Control Act 60 of 2000 an offence is committed if a
person possesses a firearm without a licence, permit or authorisation in terms of this Act.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Only statement (c) is correct.
(4) Only statements (b) and (c) are correct.
(5) None of these statements is correct
Question 7
(a) In the case of common law abduction it is a requirement that the minor must be forcibly
removed from the control of his or her parents or guardian.
(b) In the case of Mshumpa 2008 (1) SACR 126 (E) the court widened the crime of murder to
include the killing of an unborn foetus.
(c) The crime of assault may even be committed where X inspires a belief in Y that force is
immediately to be applied to her.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Only statement (c) is correct.
(4) Only statements (a) and (c) are correct.
(5) None of these statements is correct
Question 8
(a) The crimes of assault and crimen iniuria are committed where X spits into Y’s face.
(b) In the crime of criminal defamation, the term “publication” means that the allegation must be
in writing.
(c) X can only commit the crime of theft if he appropriates property which belongs to and is
owned by Y.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Only statement (c) is correct.
(4) Only statements (a) and (b) are correct.
(5) Only statements (b) and (c) are correct
Question 9
(a) In the crime of robbery where X threatens Y with violence if he does not hand over the
property, it is not a requirement that there must be a causal link between the threats of
violence and the acquisition of property.
(b) The crime of receiving stolen property overlaps with the crime of theft, as persons who are
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accessories after the fact to theft are usually regarded as perpetrators of theft.
(c) In the crime of fraud, it is a requirement that there must be a causal link between the
misrepresentation and the prejudice.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Only statement (c) is correct.
(4) Only statements (b) and (c) are correct.
(5) All of these statements are correct.
Question 10
(a) In the case of Heyne 1956 (3) SA 604 (A) it was decided that attempted fraud can be
committed by X if the misrepresentation has not yet come to the attention of Y (the person
against whom it is directed).
(b) In order to be convicted of the crime of malicious injury to property, X must act with an evil
or malicious motive.
(c) In the crime of housebreaking with intent to commit a crime it is a requirement that actual
damage must be inflicted to the building or structure, or else X will only be convicted of
attempted housebreaking with intent to commit a crime.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Only statement (c) is correct.
(4) Only statements (a) and (b) are correct.
(5) None of these statements is correct
QUESTION 1
(a) This statement is incorrect. Z is the direct perpetrator. See SG.1.3.2.
(b) This statement is correct. See SG 2.2.4.(1)
(c) This statement is incorrect. Liability for common purpose can also arise if it can be
proved that there was active association and participation in a common criminal
design. See SG 1.3.4.2.
You should therefore have chosen option 2, since only statement (b) is correct.
QUESTION 2
(a) This statement is correct. See SG 2.3.3(6) and 2.2.4(4) and Summary (9).
(b) This statement is correct. See SG 2.3.5.
(c) This statement is incorrect. The person must associate himself after the lethal
wound is inflicted and when Y is still alive. See SG 1.3.5
You should therefore have chosen option 4, since only statements (a) and (b) are correct.
QUESTION 3
(a) This statement is incorrect. It is not a punishable attempt where X is mistaken about
the relevant legal provisions. See SG 3.2.6.3
(b) This statement is correct. See SG 3.1.
(c) This statement is incorrect. X will only be liable if the actions were more than acts of
preparation and were acts of execution. See SG 3.2.5.2.
You should therefore have chosen option 2, since only statement (b) is correct.
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QUESTION 4
(a) This statement is incorrect. They need not be in direct communication with each
other. See SG 3.3(10).
(b) This statement is correct. In Nkosiyana 1966 (4) SA 655 (A) it was held that no
element of persuasion is needed to be found guilty of incitement. See SG 3.4 and Summary
(16).
(c) This statement is incorrect. Corruption is not only limited to public officials but can
be committed with regard to other persons such as agents, judicial officers,
members of the legislative or prosecuting authority. See SG 6.2.8.
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You should therefore have chosen option 2, since only statement (b) is correct.
QUESTION 5
(a) This statement is correct. See SG 4.2.2.4 and Summary (3).
(b) This statement is incorrect. It is no excuse and X still acts unlawfully. See SG 5.1.6.
(c) This statement is correct. This is a form of contempt of court which falls under
commentary on pending cases. See SG 5.4.9.2.
You should therefore have chosen option 4, since only statements (a) and (c) are correct.
QUESTION 6
(a) This statement is incorrect. Section 3 refers to any act of sexual penetration. See SG
7.2.2.1.
(b) This statement is correct. Consent that was obtained by fraud in relation to the nature of
the act of sexual penetration (error in negotio) is invalid. See SG 7.2.2.2c(iii).
(c) This statement is correct. See SG 6.5.2.
You should therefore have chosen option 4, since only statements (b) and (c) are correct.
QUESTION 7
(a) This statement is incorrect. The removal need not take place with force – in fact, in almost
all cases of abduction Y consents to the removal. See SG 8.3.4
(b) This statement is incorrect. See Casebook 286
(c) This statement is correct. See SG 10.1.1
You should therefore have chosen option 3, since only statement (c) is correct.
QUESTION 8
(a) This statement is correct. See SG 11.1.7.3(4).
(b) This statement is incorrect. The publication may be oral or in writing. See SG 11.2.
(c) This statement is incorrect. It is possible for X to steal his own property in the form of the
theft known as arrogation of possession. See SG 12.1 and 12.8.
You should therefore have chosen option 1, since only statement (a) is correct.
QUESTION 9
(a) This statement is incorrect. There must be a causal link. See SG 13.1.6
(b) This statement is correct. See SG 13.2 and Summary (8).
(c) This statement is incorrect. Given that proof of potential prejudice is sufficient to constitute
the completed crime, there need not be a causal link. See SG 14.1.4.2(6).
You should therefore have chosen option 2, since only statement (b) is correct.
QUESTION 10
(a) This statement is correct. See SG 14.1.7 and Summary (7).
(b) This statement is incorrect. X’s motive is not a relevant consideration for this crime. See
SG 15.2.6.
(c) This statement is incorrect. Actual damage need not be inflicted. See SG 16.3.1.
You should therefore have chosen option 1, since only statement (a) is correct.
Question 1
(a) An accomplice is a participant.
(b) An indirect perpetrator is regarded as an accomplice because he does not comply with
all the requirements for liability set out in the definition of the crime.
(c) The liability of the accessory after the fact is accessory in character, but not that of the
accomplice.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Only statement (c) is correct.
(4) Only statements (a) and (b) are correct.
(5) Only statements (a) and (c) are correct.
Question 2
Multiple chioce
Question 1
(a) If X hires Z to murder Y and Z murders Y, Z is the indirect perpetrator.
(b) If X buys dagga for his own use and Y acts merely as interpreter to the transaction, Y can
qualify as an accomplice.
(c) In Thebus 2003 (2) SACR 319 (CC) it was held that the only way in which a common
purpose can be established is if there is proof of a prior agreement between two or more
participants.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Only statements (a) and (b) are correct.
(4) Only statements (b) and (c) are correct.
(5) Only statement (c) is correct.
Question 2
(a) The liability of an accessory after the fact, and an accomplice, is accessory in character.
(b) Being an accessory after the fact completely overlaps with the crime known as defeating or
obstructing the course of justice.
(c) A joiner-in is a person who actively associates herself with a common purpose to kill
another, (Y), before the lethal wound is inflicted on Y.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Only statement (c) is correct.
(4) Only statements (a) and (b) are correct.
(5) All of these statements are correct.
Question 3
(a) In Davies 1956 (3) SA 52 (A) the court held that the commission of a “putative” crime is
punishable as attempt.
(b) One reason that the law punishes anticipatory crimes can be found in the preventive theory
of punishment.
(c) Attempt may be committed even where X’s actions amount to the mere preparation for a
crime.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Only statement (c) is correct.
(4) Only statements (a) and (b) are correct.
(5) None of these statements is correct.
Question 4
(a) X and Z can be convicted of the crime of conspiracy only if there is proof that they were in
direct communication with each other.
(b) X can be convicted of incitement even if there is no proof that X had persuaded Z to commit
the crime.
(c) The crime of corruption is committed only if the person to whom the benefit is offered is a
public official.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Only statement (c) is correct.
(4) Only statements (b) and (c) are correct.
(5) None of these statements is correct.
Question 5
(a) The crime of public violence can only be committed by a number of persons acting with a
common purpose.
(b) In the crime of perjury at common law, X will not be guilty of this crime if he makes a false
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statement under oath and thereafter acknowledges that the statement was false and tells
the truth.
(c) Contempt of court may be committed where the press publishes information relating to the
merits of a case which does not form part of the evidence while the case is still in progress.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Only statement (c) is correct.
(4) Only statements (a) and (c) are correct.
(5) None of these statements is correct.
Question 6
(a) The crime of rape is defined in section 3 of the Criminal Law (Sexual Offences and
Related Matters) Amendment Act 32 of 2007 as “any person (X) who unlawfully and
intentionally commits an act of sexual intercourse with a complainant (Y) without his/her
consent is guilty of the offence of rape”
(b) The Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007
makes provision for the situation that where X misleads Y with regard to the nature of an
act of sexual penetration with X, Y’s consent will be deemed to be invalid and the crime of
rape will be committed.
(c) In terms of section 3 of the Firearms Control Act 60 of 2000 an offence is committed if a
person possesses a firearm without a licence, permit or authorisation in terms of this Act.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Only statement (c) is correct.
(4) Only statements (b) and (c) are correct.
(5) None of these statements is correct
Question 7
(a) In the case of common law abduction it is a requirement that the minor must be forcibly
removed from the control of his or her parents or guardian.
(b) In the case of Mshumpa 2008 (1) SACR 126 (E) the court widened the crime of murder to
include the killing of an unborn foetus.
(c) The crime of assault may even be committed where X inspires a belief in Y that force is
immediately to be applied to her.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Only statement (c) is correct.
(4) Only statements (a) and (c) are correct.
(5) None of these statements is correct
Question 8
(a) The crimes of assault and crimen iniuria are committed where X spits into Y’s face.
(b) In the crime of criminal defamation, the term “publication” means that the allegation must be
in writing.
(c) X can only commit the crime of theft if he appropriates property which belongs to and is
owned by Y.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Only statement (c) is correct.
(4) Only statements (a) and (b) are correct.
(5) Only statements (b) and (c) are correct
Question 9
(a) In the crime of robbery where X threatens Y with violence if he does not hand over the
property, it is not a requirement that there must be a causal link between the threats of
violence and the acquisition of property.
(b) The crime of receiving stolen property overlaps with the crime of theft, as persons who are
, 3
accessories after the fact to theft are usually regarded as perpetrators of theft.
(c) In the crime of fraud, it is a requirement that there must be a causal link between the
misrepresentation and the prejudice.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Only statement (c) is correct.
(4) Only statements (b) and (c) are correct.
(5) All of these statements are correct.
Question 10
(a) In the case of Heyne 1956 (3) SA 604 (A) it was decided that attempted fraud can be
committed by X if the misrepresentation has not yet come to the attention of Y (the person
against whom it is directed).
(b) In order to be convicted of the crime of malicious injury to property, X must act with an evil
or malicious motive.
(c) In the crime of housebreaking with intent to commit a crime it is a requirement that actual
damage must be inflicted to the building or structure, or else X will only be convicted of
attempted housebreaking with intent to commit a crime.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Only statement (c) is correct.
(4) Only statements (a) and (b) are correct.
(5) None of these statements is correct
QUESTION 1
(a) This statement is incorrect. Z is the direct perpetrator. See SG.1.3.2.
(b) This statement is correct. See SG 2.2.4.(1)
(c) This statement is incorrect. Liability for common purpose can also arise if it can be
proved that there was active association and participation in a common criminal
design. See SG 1.3.4.2.
You should therefore have chosen option 2, since only statement (b) is correct.
QUESTION 2
(a) This statement is correct. See SG 2.3.3(6) and 2.2.4(4) and Summary (9).
(b) This statement is correct. See SG 2.3.5.
(c) This statement is incorrect. The person must associate himself after the lethal
wound is inflicted and when Y is still alive. See SG 1.3.5
You should therefore have chosen option 4, since only statements (a) and (b) are correct.
QUESTION 3
(a) This statement is incorrect. It is not a punishable attempt where X is mistaken about
the relevant legal provisions. See SG 3.2.6.3
(b) This statement is correct. See SG 3.1.
(c) This statement is incorrect. X will only be liable if the actions were more than acts of
preparation and were acts of execution. See SG 3.2.5.2.
You should therefore have chosen option 2, since only statement (b) is correct.
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QUESTION 4
(a) This statement is incorrect. They need not be in direct communication with each
other. See SG 3.3(10).
(b) This statement is correct. In Nkosiyana 1966 (4) SA 655 (A) it was held that no
element of persuasion is needed to be found guilty of incitement. See SG 3.4 and Summary
(16).
(c) This statement is incorrect. Corruption is not only limited to public officials but can
be committed with regard to other persons such as agents, judicial officers,
members of the legislative or prosecuting authority. See SG 6.2.8.
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You should therefore have chosen option 2, since only statement (b) is correct.
QUESTION 5
(a) This statement is correct. See SG 4.2.2.4 and Summary (3).
(b) This statement is incorrect. It is no excuse and X still acts unlawfully. See SG 5.1.6.
(c) This statement is correct. This is a form of contempt of court which falls under
commentary on pending cases. See SG 5.4.9.2.
You should therefore have chosen option 4, since only statements (a) and (c) are correct.
QUESTION 6
(a) This statement is incorrect. Section 3 refers to any act of sexual penetration. See SG
7.2.2.1.
(b) This statement is correct. Consent that was obtained by fraud in relation to the nature of
the act of sexual penetration (error in negotio) is invalid. See SG 7.2.2.2c(iii).
(c) This statement is correct. See SG 6.5.2.
You should therefore have chosen option 4, since only statements (b) and (c) are correct.
QUESTION 7
(a) This statement is incorrect. The removal need not take place with force – in fact, in almost
all cases of abduction Y consents to the removal. See SG 8.3.4
(b) This statement is incorrect. See Casebook 286
(c) This statement is correct. See SG 10.1.1
You should therefore have chosen option 3, since only statement (c) is correct.
QUESTION 8
(a) This statement is correct. See SG 11.1.7.3(4).
(b) This statement is incorrect. The publication may be oral or in writing. See SG 11.2.
(c) This statement is incorrect. It is possible for X to steal his own property in the form of the
theft known as arrogation of possession. See SG 12.1 and 12.8.
You should therefore have chosen option 1, since only statement (a) is correct.
QUESTION 9
(a) This statement is incorrect. There must be a causal link. See SG 13.1.6
(b) This statement is correct. See SG 13.2 and Summary (8).
(c) This statement is incorrect. Given that proof of potential prejudice is sufficient to constitute
the completed crime, there need not be a causal link. See SG 14.1.4.2(6).
You should therefore have chosen option 2, since only statement (b) is correct.
QUESTION 10
(a) This statement is correct. See SG 14.1.7 and Summary (7).
(b) This statement is incorrect. X’s motive is not a relevant consideration for this crime. See
SG 15.2.6.
(c) This statement is incorrect. Actual damage need not be inflicted. See SG 16.3.1.
You should therefore have chosen option 1, since only statement (a) is correct.
Question 1
(a) An accomplice is a participant.
(b) An indirect perpetrator is regarded as an accomplice because he does not comply with
all the requirements for liability set out in the definition of the crime.
(c) The liability of the accessory after the fact is accessory in character, but not that of the
accomplice.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Only statement (c) is correct.
(4) Only statements (a) and (b) are correct.
(5) Only statements (a) and (c) are correct.
Question 2
