CRW2602 ASSIGNMENT 2 MEMO 2021 SUPER SEMESTER UNISA

QUESTION 1 (a) If X plants a bugging device in Y’s office to listen to Y’s conversations without Y’s consent, X may be convicted of crimen iniuria. (b) In the crime of criminal defamation, the violation of a person’s dignity and privacy is made punishable. (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) In the crime of criminal defamation, the term “publication” means that the defamatory allegation must be in writing. (b) In the case of common law abduction, it is not a requirement that the minor must be forcibly removed from the control of his or her parents or guardian. (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) X can be convicted of kidnapping if he unlawfully and intentionally deprives Y of her freedom of movement by locking her up in her own office. (b) A person can steal his own property. (1) Only statement (a) is correct. (2) Only statement (b) is correct. (3) Both statements (a) and (b) are correct. (4) None of the statements are correct. QUESTION 4 (a) In the case of S v Nkosi 2012 (1) SACR 87 (GNP), it was held that the mere assumption of control over property which belongs to someone else is insufficient for the crime of attempted theft. (b) In Ndebele 2012 (1) SACR 245 (GSJ), the court held that electricity cannot be stolen as it is merely a form of energy. (1) Only statement (a) is correct. (2) Only statement (b) is correct. (3) Both statements (a) and (b) are correct. (4) None of the statements are correct. 6 QUESTION 5 (a) In robbery there must be a causal link between the application of violence and the acquisition of the property. (b) Robbery is committed where X steals a cell phone from Y’s desk, and then uses force to retain the property. (1) None of the statements are correct. (2) Both statements (a) and (b) are correct. (3) Only statement (a) is correct. (4) Only statement (b) is correct. QUESTION 6 (a) Robbery can be committed in two ways, namely either by the real application of actual violence or by threats of violence against the body of another in order to induce such other person to hand over property. (b) The act of receiving required for the crime of receiving stolen property entails that X must actually touch the property. (1) Only statement (a) is correct. (2) Only statement (b) is correct. (3) Both statements (a) and (b) are correct. (4) None of the statements are correct. QUESTION 7 (a) A person may only be convicted of fraud if it is proved that the person to whom he or she had made the misrepresentation was in fact misled by the misrepresentation. (b) 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). (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 8 (a) The misrepresentation required for fraud may consist in either a positive act or an omission. (b) Theft by false pretences always involves fraud. (1) Only statement (a) is correct. (2) Both statements (a) and (b) are correct. (3) None of the statements are correct. (4) Only statement (b) is correct. QUESTION 9 (a) In order to be convicted of the crime of malicious injury to property, X must act with an evil or malicious motive. (b) If X puts fire to his taxi, destroying it, in order to claim the value of his taxi from his insurance company, he is guilty of arson. (1) Both statements (a) and (b) are correct. (2) Only statement (b) is correct. (3) Only statement (a) is correct. (4) None of the statements are correct. QUESTION 10 (a) If X breaks into a caravan with the intent to steal a television set and then afterwards set the caravan alight, he may be convicted of the crimes of housebreaking with intent to commit a crime and arson. (b) 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) Both statements (a) and (b) are correct. (3) Only statement (b) is correct. (4) None of the statements are correct.