NOVEMBER 2012 EXAMINATION DATE: 13 NOVEMBER 2012 DURATION: 2 HOURS PASS MARK: 40% (UU-50)

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1 CRIGEN6 NOVEMBER 2012 EXAMINATION DATE: 13 NOVEMBER 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 2 SHORT QUESTIONS ANSWER BOTH 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. Examiner: W Enoch DAMELIN CORRESPONDENCE COLLEGE NOVEMBER 2012 PAGE 1 OF 5

2 SECTION A (i) TRUE OR FALSE QUESTIONS Indicate whether the following statements are true or false. Correct your false statements. 1. A delict is a wrongful, unlawful act against an individual for which the wronged individual can seek compensation in civil proceedings. 2. Abrogation by disuse means repealing or cancelling a law or penalty because it has not been applied for a long time. 3. Sane automatism is conduct arising from a mental defect; for example, schizophrenia. 4. A child who is under seven years of age is incapable of being guilty of a crime because he or she lacks the criminal capacity to commit a crime. 5. Uncompleted attempts occur when the wrongdoer is interrupted while in the process of committing a crime. [5 2 = 10] (ii) MATCHING-STATEMENT QUESTIONS Match the statements in Column B to the statements in Column A. Write down the answers only, for example 1. (a). Column A Column B 1. common law perjury (a) administration of justice is defeated 2. contempt of court (b) overthrow or coerce the government of state 3. bribery (c) example, slapping of a face 4. high treason (d) depriving a person of liberty of movement 5. common assault (e) intentional making of a false statement 6. crimen injuria (f) misrepresentation which results in actual or potential prejudice 7. obstruction of justice (g) active or passive 8. kidnapping (h) theft with violence 9. robbery (i) infringing upon the privacy of another 10. fraud (j) disobeying court orders [10] [20] DAMELIN CORRESPONDENCE COLLEGE NOVEMBER 2012 PAGE 2 OF 5

3 SECTION B: SHORT QUESTIONS (10 MARKS) ANSWER BOTH QUESTIONS Describe the differences between arson and malicious injury to property. [6] Give four examples of the crime of culpable homicide. [4] [10] DAMELIN CORRESPONDENCE COLLEGE NOVEMBER 2012 PAGE 3 OF 5

4 SECTION C: LONG ANSWER QUESTIONS (50 MARKS) (a) List any six grounds of justification. (6) (b) Give the requirements necessary for private defence to succeed as grounds for justification. (5) (c) Give four requirements for consent to be a valid justification. (4) [15] (a) Define the crime of murder. (3) (b) Define the crime of assault. (4) (c) Indecent assault is one of the forms of the crime assault. Identify and describe the other forms of assault. (8) [15] QUESTION 3 (a) Discuss the use of force or threats of force as one of the elements in the crime of robbery. (10) (b) Describe the differences between robbery and extortion. (6) (c) Define the crime of fraud. (4) [20] [50] DAMELIN CORRESPONDENCE COLLEGE NOVEMBER 2012 PAGE 4 OF 5

5 SECTION D: INTERPRETATIVE QUESTIONS ANSWER ONE OF THE QUESTIONS (a) Define the crime of crimen injuria. (3) (b) Discuss the elements of crimen injuria. (17) [20] OR Before an accused may be convicted of a crime and sentenced, he or she must be criminally responsible for his or her actions. In other words, did he or she possess the criminal capacity to commit a crime? Criminal capacity, criminal responsibility and criminal accountability all refer to the same concept. There are various factors that may influence the criminal responsibility of an offender. Discuss juvenility as one of the grounds excluding culpability. [20] [20] Section A: 20 marks Section B: 10 marks Section C: 50 marks Section D: 20 marks TOTAL: 100 MARKS DAMELIN CORRESPONDENCE COLLEGE NOVEMBER 2012 PAGE 5 OF 5