CRW OCT/NOV Answers

1




OCT / NOV 2017


PART A (MULTIPLE CHOICE QUESTIONS)


QUESTION 1

(a) This statement is correct. See SG 2.2.

(b) This statement is incorrect. In fact the four requirements need to be
proved by the state in a particular sequence. See SG 1.5.3.

(c) This statement is incorrect. It is a criminal norm which indicates that
certain conduct constitutes to a crime. A legal norm is a mere rule that
does not also create a crime. See SG 2.4.2.

Therefore, option 1 is correct because only statement (a) is correct.


QUESTION 2

(a) This statement is correct. See SG 2.4 page 18.

(b) This statement is incorrect. The court in fact decided the opposite, that
it cannot be applied retrospectively. Therefore, the accused could be
found guilty only of indecent assault and not of rape. See SG 2.7 page
23.

(c) This statement is correct. See the Mshumpa case Reader 19.

Therefore, option 5 is correct because only statements (a) and (c) are correct.


QUESTION 3

(a) This statement is correct. See the Henry case in Reader 32.

(b) This statement is incorrect. See SG at the bottom of page 33.

(c) This statement is correct. See SG 3.4.1.2 (4). This is one of the
instances where the courts have indicated that there is a legal duty to
act positively. An omission to act positively where such a duty exists
may therefore amount to a crime.

Therefore, option 3 is correct because only statements (a) and (c) are correct.
QUESTION 4

, 2


(a) This statement is incorrect. See SG 4.3.8.

(b) This statement is correct. See SG 5.3.2, page 70.

(c) This statement is correct. See SG 6.2.5 and Reader.

Therefore, option 4 is correct because only statements (b) and (c) are correct.


QUESTION 5

(a) This statement is correct. See SG 5.3.1, page 71 and Reader 56.

(b) This statement is incorrect. See SG 5.3.3, page 75 and Reader 62.

(c) This statement is correct. See SG 6.3.4(3).

Therefore, option 4 is correct because only statements (a) and (c) are correct.


QUESTION 6

(a) This statement is correct. See SG 7.2.5.

(b) This statement is correct. See SG 8.3.

(c) This statement is incorrect. Grounds of justification refer to defences
that exclude the element of unlawfulness. Make sure that you
understand the difference between the separate requirement of
unlawfulness and all the requirements for criminal liability.
Unlawfulness is only one of the requirements for criminal liability. See
SG 5.2.3 page 67.

Therefore, option 1 is correct because only statements (a) and (b) are correct.


QUESTION 7

(a) This statement is incorrect. See SG 7.4.3 and Reader 75.

(b) This statement is incorrect. Make sure that you understand that the
particular section provides for a conviction of a person who has been
acquitted of another offence on the basis of having lacked criminal
capacity as a result of intoxication. Therefore, for a conviction of the
statutory offence created in section 1, the state must prove that X was
intoxicated to such a degree that although he could perform a voluntary
act, he could not appreciate the wrongfulness of his conduct or act in
accordance with an appreciation of such conduct. See SG 12.5.3.

(c) This statement is correct. See SG 8.2.2 and 8.2.3.