CRW2602 Criminal Law Specific Crimes Exam Pack.

CRW2602 Criminal Law Specific Crimes Exam Pack. QUESTION 1 (a) In the crime of crimen iniuria the infringement need not be serious as a minor infringement of the legally-protected interests is deemed sufficient. This statement is incorrect. The infringement must be serious in the case of the crime of crimen iniuria. See SG 7.2.8. (b) In S v Van Leperen 2017 (1) SACR 226 (WCC), X was convicted of crimen iniuria for slapping Y, a female manager, on the buttocks and making sexual remarks to her. (c) In the case of criminal defamation, the interests protected by the crime are a person’s good name and dignity. This statement is incorrect. The interests which are protected by the crime of criminal defamation is only a person’s good name (reputation). See SG 7.2.4 and Criminal Law 467-469 for a discussion of the crime of defamation. (1) All these statements are correct. (2) Only statement (a) is correct. (3) Only statement (b) is correct. (4) Only statement (c) are correct. (5) Only statements (a) and (b) are correct. QUESTION 2 (a) In the case of Ndebele 2012 (1) SACR 245 (GSJ) the court held that electricity is indeed capable of being the subject of theft. (b) An intention to acquire a gain or advantage is a requirement for the crime of theft. This statement is incorrect. In our law, the intention to acquire some form of gain or advantage by X, from the acquisition or handling of the property, is no longer a requirement for the crime of theft. If X appropriates someone else’s property and then hands it over to a charitable institution, he still commits theft. See SG 8.6.4.3 e. (c) In Mostert 2010 (1) SACR 223 (SCA), the court held that water in a stream cannot be the subject of common-law theft. (1) Only statements (a) and (b) are correct. (2) Only statements (a) and (c) are correct. (3) Only statements (b) and (c) are correct. (4) All of the statements are correct. (5) None of the statements is correct. QUESTION 3 (a) Presumed consent is a ground of justification to the crime of theft. (b) The crime of theft may sometimes be committed negligently. This statement is incorrect. Intention is a requirement for the crime of theft. This crime can never be committed negligently. See SG 8.6.4. (c) The crime of theft may be committed if somebody temporarily deprives the owner of control of his possession. This statement is incorrect. The crime of theft can only be committed if X has the intention to permanently exclude the owner of his property. See SG 8.6.4.3.b. (1) Only statement (a) is correct. (2) Only statement (c) is correct. (3) All of the statements are correct. (4) Only statements (a) and (b) are correct. (5) Only statements (a) and (c) are correct. QUESTION 4 (a) Lying which is potentially prejudicial may qualify as fraud. This statement is correct. The mere telling of a lie is not punishable, but if such lie can cause actual or potential prejudice, such conduct is punishable. See SG 10.1.4.1. (b) In S v Gardener 2011 1 SACR 570 (SCA), the court held that the crime of fraud may be committed in the case of an omission. (c) It is required for the crime of fraud that there must be a causal connection between the misrepresentation and the prejudice. This statement is incorrect. Due to the requirement of prejudice in fraud having such a broad meaning, a causal connection between the misrepresentation and the prejudice need not be proved. The requirements also make provision that the misrepresentation “may” cause prejudice, and that not only actual prejudice need be caused but that potential prejudice is also sufficient. See SG 10.1.2; 10.1.4.2 and SUMMARY (5). (1) All of the statements are correct. (2) Only statement (a) is correct. (3) Only statement (b) is correct. (4) Only statements (a) and (b) are correct. (5) Only statements (b) and (c) are correct. QUESTION 5 (a) The crime of robbery can only be committed if the property is on the person of the victim or in his presence when the violence takes place. This statement is incorrect. The property does not have to be on the person or in the presence of the victim. See SG 9.1.8 and Ex Parte Minister van Justisie: In re S v Seekoei 1984 (4) SA 690 (A). (b) If X puts fire to his sports car, destroying it in order to claim the value of the car from his insurance company, he is guilty of arson. This statement is incorrect. Arson can only be committed in respect of immovable property. The crime of malicious injury to property will be committed where movable property, such as a motor vehicle, is set alight. See SG 11 SUMMARY (6) and Criminal Law 542 (par 3). (c) The crime of housebreaking with intent to commit a crime can be committed in respect of a railway truck used for storing goods. This statement is incorrect. If the structure or premises in respect of which this crime is committed is used for the storage of goods, it must be immovable. See the discussion in SG 12.4. (1) Only statements (a) and (b) are correct. (2) Only statement (a) is correct. (3) Only statement (b) is correct. (4) Only statement (c) is correct. (5) None of these statements is correct. QUESTION 1 (a) If a male, X, secretly watches a female, Y, while she is undressing, he can be convicted of crimen iniuria even if, at the time she was undressing, Y was not even aware that somebody was watching her.