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CRW2601
CRIMINAL LAW
UNISA
2021
ASSIGNMENT NUMBER 2
DUE DATE:15 JUNE 2021
TOTAL: 10 MARKS
UNIQUE NUMBER: 828378
, QUESTION 1
(a) Culpability deals with the question whether the conduct of a particular person is
against the objective legal convictions of society.
(b) If X, who had killed his wife and children, is charged with murder and acquitted on
the ground that he had lacked criminal capacity as a result of a mental illness, he may
nevertheless be convicted of the lesser crime of culpable homicide.
(1) None of the statements are correct.
(2) Only statement (a) is correct.
(3) Both statements (a) and (b) are correct.
(4) Only statement (b) is correct.
QUESTION 2
(a) Provocation is a ground of justification which excludes the unlawfulness of conduct.
(b) Although a child between the ages of 10 and 14 years is presumed to lack criminal
capacity, the state is free to rebut this presumption.
(1) Both statements (a) and (b) are correct.
(2) None of the statements are correct.
(3) Only statement (a) is correct.
(4) Only statement (b) is correct.
QUESTION 3
(a) The test for culpability in the form of intention includes an investigation regarding
the motive of the accused for committing the offence.
(b) An example of dolus indirectus is where X, in firing a shot at Y, foresees the
possibility that his shot may hit Y’s child who is standing next to Y, and that he
reconciles himself to this possibility.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) None of the statements are correct.
(4) Only statements (a) and (c) are correct.