CRW2601 EXAM PACK

CRW2601 EXAM
PACK






QUESTION
PAPERS


AND


SOLUTIONS











,Criminal
law


CRW
2601


Question
1


Answer
the
following
question
by
choosing
the
correct
answer

a)
According
to
the
absolute
theory,
punishment
is
an
end
in
itself,
while

according
to
the
relative
theories,
punishment
is
a
means
to
a
secondary
end.


b)
The
effectiveness
of
the
theory
of
general
deterrence
depends
only
on
the

severity
of
the
punishment
that
is
imposed
on
an
offender.


c)
The
“triad
in
Zinn”
(the
crime,
the
criminal
and
interests
of
society)
enables
a

court
to
consider
all
the
theories
of
punishment
when
imposing
sentence.
(3)





(1)
All
the
statements
are
correct.


(2)
Only
statement
(a)
is
correct.


(3)
Only
statements
(a)
and
(c)
are
correct.


(4)
Only
statement
(c)
is
correct.


(5)
Only
statement
(b)
is
correct.





Question
2

(a)
The
correct
sequence
of
investigation
into
the
elements
of
criminal
liability

is
conduct,
compliance
with
definitional
elements,
culpability
and

unlawfulness.


(b)
Crimes
are
directed
against
public
interests,
while
delicts
are
directed

against
private
interests.


(c)
A
statutory
provision
will
best
comply
with
the
principle
of
legality
if
it

contains
a
criminal
norm
only.
(3)


,


(1)
Only
statement
(b)
is
correct.


(2)
Only
statements
(b)
and
(c)
are
correct.


(3)
None
of
the
statements
is
correct.


(4)
Only
statement
(a)
is
correct.


(5)
Only
statement
(c)
is
correct





Question
3

(a)
In
concluding
that
the
extended
definition
of
the
crime
of
rape
should
not

apply
retrospectively
to
the
accused,
the
Constitutional
Court
in
Masiya
v
DPP

2007
(2)
SACR
435
(CC)
respected
the
ius
praevium
rule.


(b)
The
rules
embodying
the
principle
of
legality
(ius
acceptum,
ius
praevium,

ius
certum
and
ius
strictum)
are
applicable
to
both
the
crime
and
the

punishment
to
be
imposed.


(c)
The
Constitution
contains
a
provision
which
expressly
sets
out
the
ius

acceptum
rule.
(3)





(1)
All
the
statements
are
correct.


(2)
Only
statements
(a)
and
(b)
are
correct.


(3)
Only
statement
(a)
is
correct.


(4)
Only
statements
(b)
and
(c)
are
correct.


(5)
Only
statement
(b)
is
correct.





Question
4

(a)
Conduct
is
voluntary
if
it
is
willed.


, (b)
Relative
force
excludes
X’s
ability
to
subject
his
bodily
movements
to
his

will
or
intellect.


(c)
Sane
automatism
refers
to
cases
in
which
X
relies
on
the
defence
of
mental

illness.
(3)





(1)
Only
statement
(b)
is
correct.



(2)
Only
statements
(b)
and
(c)
are
correct.


(3)
Only
statements
(a)
and
(c)
are
correct.


(4)
None
of
the
statements
is
correct.


(5)
Only
statement
(a)
is
correct





Question
5

(a)
Antecedent
liability
is
a
qualification
of
the
rule
that
bodily
movements

performed
in
a
condition
of
automatism
do
not
result
in
criminal
liability.


(b)
There
is
a
legal
duty
upon
X
to
act
positively
if
the
legal
convictions
of
the

community
require
him
to
do
so.


(c)
In
Leeuw
1975
(1)
SA
439
(O)
it
was
held
that
mere
inconvenience
in

complying
with
a
legal
duty
did
not
constitute
impossibility.
(3)





(1)
Only
statement
(b)
is
correct.


(2)
Only
statements
(b)
and
(c)
are
correct.


(3)
Only
statements
(a)
and
(b)
are
correct.


(4)
All
the
statements
are
correct.


(5)
Only
statement
(c)
is
correct.