CRIMINAL LAW : SPECIFIC CRIMES
CRW2602 EXAMINATION
NAME(S) AND SURNAME : NSOVO LEVIN KHOSA
STUDENT NUMBER : 62588532
UNIQUE NUMBER : 682754
SEMESTER : 02
YEAR : 2020
QUESTION 1
(a) Public Violence
The elements of the crime are the following
(a) an Act
(b) by a number of people;
(c) which assumes serious proportions;
(d) which is unlawful and
(e) intentional, including more specifically an intention
(e(i)) to disturb the public peace and order by violent means, or (e(ii)) to
infringe the rights of others.
Dingiswayo 1985
Thus, workers belonging to the X union can be found guilty, in view of the fact that
their acts are unlawful because they decided to go on an unprotected strike and they
intentionally placed stones in the middle of the road and then start to sing and shout
which disturbs the public peace by violent means which infringe the rights of the
University or others.
Therefore, workers belonging to the X union can be found guilty of public violence
(b) Assault
The elements of the crime are the following: (a) conduct
which results in another person’s bodily integrity being impaired (or the
inspiring of a belief in another person that such impairment will take place);
(c) unlawfulness and (c) intention.
It has been decided in Jolly supra and savage 1990
X does not use a part of her body to apply force to a part of Y’s body, but uses
an instrument or other strategy for this purpose, such as when X hits Y with a
stick, throws stones at Y, causes a train to derail in order to harm the passengers,
lets a vicious dog loose on Y, snatches away a chair that Y was going to
sit on from under Y so that Y falls to the floor, spits in Y’s face, empties a glass
of water (or beer) on Y, or when Y, a hiker, gets lost in thick mist, asks X the
way, and X then deliberately shows Y a way that will cause her (Y) to fall over
, a precipice.
Thus, in this instance, workers belonging to the X union can be found guilty, because
they their conduct is unlawful and may results in another person’s bodily integrity
being impaired, since they intentionally placed stones in the middle of the road which
may cause road accidents or endanger someone’s life.
Therefore, workers belonging to the X union can be found guilty of assault
QUESTION 2
(a) Reckless or negligent driving
a speed in excess of 30 kilometers per hour over the prescribed general speed limit
in an urban area was recorded.
a speed in excess of 40 kilometers per hour over the prescribed general speed limit
outside an urban area or on a freeway was recorded.
Therefore X can be convicted for violating section 35 of National Road Traffic Act
93 of 1996
Unlawful possession of fire arm
Section 120(6) of the Firearms Control Act 60 of 2000
provides that it is a crime to point–
(a) any firearm, an antique firearm or an airgun, whether or not it is loaded
or capable of being discharged, at any other person, without good
reason to do so; or
(b) anything which is likely to lead a person to believe that it is a firearm,
an antique firearm or an airgun at any other person, without good
reason to do so.
(c) conspires with any other person to commit, bring about or perform any
act or threat referred to in paragraph (a) or act referred to in paragraph
(b), or to aid in the commission, bringing about or performance thereof;
or
(d ) incites, instigates, commands, aids, advises, encourages or procures
any other person to commit, bring about or perform such act or threat,
shall be guilty of an offence.
Therefore, X will be convicted for pointing Z with a gun since he is not authorized
to do so.
Unlawful possession of firearms or ammunition
Section 3 The Firearms Control Act 60 of 2000 provides that no person may
possess a firearm unless she holds a licence, permit or authorisation issued in terms
of the Act for that firearm. Nor may any person possess a muzzle loading firearm
CRW2602 EXAMINATION
NAME(S) AND SURNAME : NSOVO LEVIN KHOSA
STUDENT NUMBER : 62588532
UNIQUE NUMBER : 682754
SEMESTER : 02
YEAR : 2020
QUESTION 1
(a) Public Violence
The elements of the crime are the following
(a) an Act
(b) by a number of people;
(c) which assumes serious proportions;
(d) which is unlawful and
(e) intentional, including more specifically an intention
(e(i)) to disturb the public peace and order by violent means, or (e(ii)) to
infringe the rights of others.
Dingiswayo 1985
Thus, workers belonging to the X union can be found guilty, in view of the fact that
their acts are unlawful because they decided to go on an unprotected strike and they
intentionally placed stones in the middle of the road and then start to sing and shout
which disturbs the public peace by violent means which infringe the rights of the
University or others.
Therefore, workers belonging to the X union can be found guilty of public violence
(b) Assault
The elements of the crime are the following: (a) conduct
which results in another person’s bodily integrity being impaired (or the
inspiring of a belief in another person that such impairment will take place);
(c) unlawfulness and (c) intention.
It has been decided in Jolly supra and savage 1990
X does not use a part of her body to apply force to a part of Y’s body, but uses
an instrument or other strategy for this purpose, such as when X hits Y with a
stick, throws stones at Y, causes a train to derail in order to harm the passengers,
lets a vicious dog loose on Y, snatches away a chair that Y was going to
sit on from under Y so that Y falls to the floor, spits in Y’s face, empties a glass
of water (or beer) on Y, or when Y, a hiker, gets lost in thick mist, asks X the
way, and X then deliberately shows Y a way that will cause her (Y) to fall over
, a precipice.
Thus, in this instance, workers belonging to the X union can be found guilty, because
they their conduct is unlawful and may results in another person’s bodily integrity
being impaired, since they intentionally placed stones in the middle of the road which
may cause road accidents or endanger someone’s life.
Therefore, workers belonging to the X union can be found guilty of assault
QUESTION 2
(a) Reckless or negligent driving
a speed in excess of 30 kilometers per hour over the prescribed general speed limit
in an urban area was recorded.
a speed in excess of 40 kilometers per hour over the prescribed general speed limit
outside an urban area or on a freeway was recorded.
Therefore X can be convicted for violating section 35 of National Road Traffic Act
93 of 1996
Unlawful possession of fire arm
Section 120(6) of the Firearms Control Act 60 of 2000
provides that it is a crime to point–
(a) any firearm, an antique firearm or an airgun, whether or not it is loaded
or capable of being discharged, at any other person, without good
reason to do so; or
(b) anything which is likely to lead a person to believe that it is a firearm,
an antique firearm or an airgun at any other person, without good
reason to do so.
(c) conspires with any other person to commit, bring about or perform any
act or threat referred to in paragraph (a) or act referred to in paragraph
(b), or to aid in the commission, bringing about or performance thereof;
or
(d ) incites, instigates, commands, aids, advises, encourages or procures
any other person to commit, bring about or perform such act or threat,
shall be guilty of an offence.
Therefore, X will be convicted for pointing Z with a gun since he is not authorized
to do so.
Unlawful possession of firearms or ammunition
Section 3 The Firearms Control Act 60 of 2000 provides that no person may
possess a firearm unless she holds a licence, permit or authorisation issued in terms
of the Act for that firearm. Nor may any person possess a muzzle loading firearm
