EXCLUSIVE TUTORIALS
CRW2602 EXAM PACK
2013-2020
0717429191
,
, CLS cc ©
Criminal Law 2 Questions
1
CRIMINAL LAW 201 QUESTION PACK:
TOPIC – PERPETRATOR/ACCOMPLICE:
For a person to be guilty as an accomplice, there are certain
requirements which must be complied with. Name and discuss these
requirements. (7)
A person is an accomplice if
1) Although he does not comply with all the requirements for liability
set out in the definition of the crime, and
2) Although the conduct required for a conviction is not imputed to
him in terms of the doctrine of common purpose,
He engages in conduct whereby he furthers the commission of the crime
by somebody else.
Requirements for liability as an accomplice
1) Act
2) Unlawfulness
3) Intention
4) Accessory character of liability
Explain the difference between a perpetrator, an accomplice and an
accessory after the fact. In your answer you must also give an example of
each. (8)
A person is a perpetrator if:
(1) his conduct, the circumstances in which it takes place (including,
where relevant, a particular description with which he as a person must,
according to the definition of the offence, comply), and the culpability
with which it is carried out are such that he satisfies all the requirements
for liability contained in the definition of the offence
OR
(2) if, although his own conduct does not comply with that required
in the definition of the crime, he acted together with one or more persons
and the conduct required for a conviction is imputed to him by virtue of
the principles relating to the doctrine of common purpose.
A person is an accomplice if:
(1) although he does not comply with all the requirements for liability
set out in the definition of the crime, and
(2) although the conduct required for a conviction is not imputed to
him in terms of the doctrine of common purpose, he engages in conduct
whereby he furthers the commission of the crime by somebody else.
Critical Law Studies cc ©
, CLS cc ©
Criminal Law 2 Questions
2
A person is an accessory after the fact to the commission of a crime
if, after the commission of the crime, she unlawfully and intentionally
engages in conduct intended to enable the perpetrator of or accomplice to
the crime to evade liability for her crime, or to facilitate such a person's
evasion of liability.
A shoots Y. Y falls to the ground mortally wounded. B (who has not
previously agreed with A to kill Y) appears on the scene and stabs Y with
a knife. The stab wound does not hasten Y’s death. Y dies as a result of the
bullet wound. A needs help to dispose of the body. For this purpose, A calls
in the help of C, who has agreed before the killing to assist A in the disposing
of the body, and D, a friend of C’s who had no such prior agreement with A.
Briefly discuss the criminal liability of B, C and D.
(6)
You have to discuss the criminal liability of B, C and D in this set of facts.
Allocate 2 marks for B, C and D respectively and do not waste any time in
discussing the liability of A.
B is guilty of attempted murder and can be referred to as a “joiner-in”
since he associated himself with others’ common purpose at a stage when
Y’s lethal wound had already been inflicted, although Y was then still
alive.
C may be a perpetrator or an accomplice , if his conduct, culpability
and personal qualities accord with the definition of murder, he will be a
coperpetrator. He may also be an accomplice because he furthered the
commission of the crime.
D is an accessory after the fact. A person is an accessory after the fact
to the commission of a crime if, after the commission of the crime, he
unlawfully and intentionally engages in conduct intended to enable the
perpetrator of or accomplice to the crime to evade liability for the crime,
or to facilitate such a person’s evasion of liability. Helping a perpetrator
to dispose of the body of a person he has killed is an example of conduct
that makes a person an accessory after the fact.
Discuss the liability of the participant who is commonly referred to
as a “joiner-in”. (6)
The “joiner-in” is a person
• Whose attack on Y did not hasten Y’s death
• Whose blow was administered at a time when Y was still alive
• Who did not act with a common purpose together with the other
persons who also inflicted wounds on Y.
Thus, here, the person comes onto the scene AFTER the mortal wound
has been inflicted on Y, but while Y is still alive and the wound inflicted
on Y does NOT hasten his death PLUS this “joiner-in” has NO prior
agreement with the persons who inflicted the mortal wound on Y.
Critical Law Studies cc ©
CRW2602 EXAM PACK
2013-2020
0717429191
,
, CLS cc ©
Criminal Law 2 Questions
1
CRIMINAL LAW 201 QUESTION PACK:
TOPIC – PERPETRATOR/ACCOMPLICE:
For a person to be guilty as an accomplice, there are certain
requirements which must be complied with. Name and discuss these
requirements. (7)
A person is an accomplice if
1) Although he does not comply with all the requirements for liability
set out in the definition of the crime, and
2) Although the conduct required for a conviction is not imputed to
him in terms of the doctrine of common purpose,
He engages in conduct whereby he furthers the commission of the crime
by somebody else.
Requirements for liability as an accomplice
1) Act
2) Unlawfulness
3) Intention
4) Accessory character of liability
Explain the difference between a perpetrator, an accomplice and an
accessory after the fact. In your answer you must also give an example of
each. (8)
A person is a perpetrator if:
(1) his conduct, the circumstances in which it takes place (including,
where relevant, a particular description with which he as a person must,
according to the definition of the offence, comply), and the culpability
with which it is carried out are such that he satisfies all the requirements
for liability contained in the definition of the offence
OR
(2) if, although his own conduct does not comply with that required
in the definition of the crime, he acted together with one or more persons
and the conduct required for a conviction is imputed to him by virtue of
the principles relating to the doctrine of common purpose.
A person is an accomplice if:
(1) although he does not comply with all the requirements for liability
set out in the definition of the crime, and
(2) although the conduct required for a conviction is not imputed to
him in terms of the doctrine of common purpose, he engages in conduct
whereby he furthers the commission of the crime by somebody else.
Critical Law Studies cc ©
, CLS cc ©
Criminal Law 2 Questions
2
A person is an accessory after the fact to the commission of a crime
if, after the commission of the crime, she unlawfully and intentionally
engages in conduct intended to enable the perpetrator of or accomplice to
the crime to evade liability for her crime, or to facilitate such a person's
evasion of liability.
A shoots Y. Y falls to the ground mortally wounded. B (who has not
previously agreed with A to kill Y) appears on the scene and stabs Y with
a knife. The stab wound does not hasten Y’s death. Y dies as a result of the
bullet wound. A needs help to dispose of the body. For this purpose, A calls
in the help of C, who has agreed before the killing to assist A in the disposing
of the body, and D, a friend of C’s who had no such prior agreement with A.
Briefly discuss the criminal liability of B, C and D.
(6)
You have to discuss the criminal liability of B, C and D in this set of facts.
Allocate 2 marks for B, C and D respectively and do not waste any time in
discussing the liability of A.
B is guilty of attempted murder and can be referred to as a “joiner-in”
since he associated himself with others’ common purpose at a stage when
Y’s lethal wound had already been inflicted, although Y was then still
alive.
C may be a perpetrator or an accomplice , if his conduct, culpability
and personal qualities accord with the definition of murder, he will be a
coperpetrator. He may also be an accomplice because he furthered the
commission of the crime.
D is an accessory after the fact. A person is an accessory after the fact
to the commission of a crime if, after the commission of the crime, he
unlawfully and intentionally engages in conduct intended to enable the
perpetrator of or accomplice to the crime to evade liability for the crime,
or to facilitate such a person’s evasion of liability. Helping a perpetrator
to dispose of the body of a person he has killed is an example of conduct
that makes a person an accessory after the fact.
Discuss the liability of the participant who is commonly referred to
as a “joiner-in”. (6)
The “joiner-in” is a person
• Whose attack on Y did not hasten Y’s death
• Whose blow was administered at a time when Y was still alive
• Who did not act with a common purpose together with the other
persons who also inflicted wounds on Y.
Thus, here, the person comes onto the scene AFTER the mortal wound
has been inflicted on Y, but while Y is still alive and the wound inflicted
on Y does NOT hasten his death PLUS this “joiner-in” has NO prior
agreement with the persons who inflicted the mortal wound on Y.
Critical Law Studies cc ©
