JUNE 2012 EXAMINATION DATE: 12 JUNE 2012 DURATION: 2 HOURS PASS MARK: 40% (UU-50)

Transcription

1 CRIGEN6 JUNE 2012 EXAMINATION DATE: 12 JUNE 2012 TIME: 09H00 11H00 TOTAL: 100 MARKS DURATION: 2 HOURS PASS MARK: 40% (UU-50) CRIMINAL LAW THIS EXAMINATION PAPER CONSISTS OF 4 SECTIONS: SECTION A: CONSISTS OF: (i) 5 TRUE OR FALSE QUESTIONS (10 MARKS) (ii) 10 MATCHING-STATEMENT QUESTIONS (10 MARKS) SECTION B: SECTION C: SECTION D: CONSISTS OF 3 SHORT QUESTIONS CONSISTS OF 3 LONG ANSWER QUESTIONS CONSISTS OF 2 INTERPRETATIVE QUESTIONS ANSWER ONE OF THE QUESTIONS (10 MARKS) (50 MARKS) INSTRUCTIONS: 1. Read the following instructions carefully before answering the paper, as failure to act upon them will result in a loss of marks. 2. Write your answers in your answer book, which is provided in the exam. 3. Ensure that your name and student number are clearly indicated on your answer book. 4. Write your answers in either blue or black ink in your answer book. 5. Read each question very carefully before you answer it and number your answers exactly as the questions are numbered. 6. Begin with the question for which you think you will get the best marks. 7. Note the mark allocations for each question give enough facts to earn the marks allocated. Don't waste time by giving more information than required. 8. You are welcome to use diagrams to illustrate your answers. 9. Please write neatly we cannot mark illegible handwriting. 10. Any student caught cheating will have his or her examination paper and notes confiscated. The College will take disciplinary measures to protect the integrity of these examinations. 11. If there is something wrong with or missing from your exam paper or your answer book, please inform your invigilator immediately. If you do not inform your invigilator about a problem, the College will not be able to rectify it afterwards, and your marks cannot be adjusted to allow for the problem. 12. This paper may be removed from the examination hall after the examination has taken place. DAMELIN CORRESPONDENCE COLLEGE JUNE 2012 PAGE 1 OF 5

2 SECTION A (i) TRUE OR FALSE QUESTIONS Choose whether the following statements are True or False. Motivate all your answers. 1. Criminal law is a branch of private law and deals with conduct that is considered harmful to society and the state. 2. Absolute force is when the person's will has no control over his bodily movements and his actions are merely reflexive or mechanical. 3. A child who is under seven years of age is capable of being guilty of a crime. 4. A person is liable as a perpetrator if he has committed the unlawful conduct with the necessary mens rea. 5. An uncompleted attempt can be defined as an attempt to commit an unlawful act which fails due to lack of skill or foresight. [5 2 = 10] (ii) MATCHING-STATEMENT QUESTIONS Match the statements in Column B to the terms in Column A. Write down the answers only, for example 1. (a). Column A Column B 1. automatism (a) schizophrenia 2. murder (b) infringing upon the dignity of another 3. culpable homicide (c) occurs without extreme violence 4. crimen injuria (d) temporary involuntary behaviour 5. sane automatism (e) actual or potential prejudice to another 6. fraud (f) grievous bodily harm 7. perjury (g) intentional killing of another person 8. insane automatism (h) involuntary conduct during sleep and epileptic fits 9. common assault (i) negligent, but not premeditated killing of a human being 10. aggravated assault (j) false statement upon oath [10] [20] DAMELIN CORRESPONDENCE COLLEGE JUNE 2012 PAGE 2 OF 5

3 SECTION B: SHORT QUESTIONS (10 MARKS) Name the two types of conduct that are classified as involuntary. [2] List any two grounds that exclude culpability. [2] QUESTION 3 (a) i. Describe your understanding of the criminal attempt known as an uncompleted attempt. (1) ii. Mention any two ways in which a person may participate in a crime. (2) (b) List the three forms of intention. (3) [6] [10] DAMELIN CORRESPONDENCE COLLEGE JUNE 2012 PAGE 3 OF 5

4 SECTION C: LONG ANSWER QUESTIONS (50 MARKS) (a) (b) Name and explain the elements of the crime defeat and obstruction of justice. (8) Give four examples of conduct that would constitute the crime contempt of court. (4) (c) Define the crime public violence. (3) [15] (a) Discuss the element of force of fear and the inspiring a belief that force shall be applied in the crime of assault. (10) (b) List any five forms of assault. (5) [15] QUESTION 3 (a) i. List the types of pressure that can be exerted for the crime of extortion. (5) ii. Identify the essential differences between the crimes robbery and extortion. (6) (b) Define the following crimes: i. kidnapping (2) ii. robbery (4) iii. housebreaking with the intention to commit a crime (3) [20] [50] DAMELIN CORRESPONDENCE COLLEGE JUNE 2012 PAGE 4 OF 5

5 SECTION D: INTERPRETATIVE QUESTIONS ANSWER ONE OF THE QUESTIONS (a) Define the crime common law abduction. (3) (b) Discuss the elements of the above crime. (17) [20] OR (a) Define the crime arson. (3) (b) Discuss the elements of the above crime. (10) (c) Briefly describe the differences between the crimes arson and malicious injury to property. (7) [20] [20] Section A: 20 marks Section B: 10 marks Section C: 50 marks Section D: 20 marks TOTAL: 100 MARKS DAMELIN CORRESPONDENCE COLLEGE JUNE 2012 PAGE 5 OF 5