Created by Cynthia Charlotte 03 December 2023

Crw2601 Oct/Nov 2023

1. Read the following sentence and then choose the correct answer from the list of options
to fill in the blank space: According to the provisions of ... dealing with the crime of high
treason, a duty is imposed on every person who owes allegiance to the Republic of South
Africa and who discovers that an act of high treason is being committed or planned, to
reveal this fact as soon as possible to the police.
I. the Constitution
II. the High Treason Act
III. the Bill of Rights
IV. the common law

2. Aberratio ictus is:

I. a mistake which relates to the chain of causation.
II. a form of mistake relating to unlawfulness.
III. a material mistake which excludes intention.
IV. not a form of mistake.

3. The general rule regarding omissions is that there is a:

I. moral duty upon X to act positively if the beliefs of the community require him to do
so.
II. legal duty upon X to refrain from conduct if the legal convictions of the community
require him to do so.
III. moral duty upon X to act positively if the legal convictions of the community require
him to do so.
IV. legal duty upon X to act positively if the legal convictions of the community require
him to do so.

4.The definitional elements of a crime always contain a description of:

I. the unlawfulness element of the crime in question.
II. the possible defences to the crime in question.
III. he kind of act that is prohibited, for example, possession or sexual penetration.
IV. the culpability required for the crime in question.
Created by Cynthia Charlotte 03 December 2023

5. Which one of the following statements are correct?

I. Courts must interpret crimes.
II. Courts have the power to specify punishment for all crimes.
III. Courts may extend the field of application of existing crimes.
IV. Courts have the power to create crimes.

6. The accused in Sv Mostert 2006 (1) SACR 560 (N) was found:
I. not guilty on a charge of assault since his defence of obedience to orders was
successful.
II. guilty on a charge of ass since his defence of obedience to orders wa unsuccessful.
III. guilt on a charde of assault

7. Does the following law comply with the principle of legality? Parliament enacts a new
law which provides that it is a crime if a person does not dress appropriately in public.
I. The law does not comply with the principle of legality because it is vaguely
formulated.
II. The law complies with all the rules in the principle of legality.
III. The law complies with the principle of legality despite the absence of a penaltv.
IV. The law does not comply with the principle of legality since it conflicts with the
prohibition against retrospectivity.

8. The attack in private defence is usually directed against interests that:

I. a reasonable person would always protect.
II. a reasonable person would normally protect.
III. in the eyes of the law, ought to be protected.
IV. a reasonable person would sometimes protect.

9. When proving X's intention, the court must try and place itself in the position of:
I. an ordinary person at the time of the act.
II. the accused at the time of the act.
III. the accused after the act.
IV. the victim at the time of the act.
Created by Cynthia Charlotte 03 December 2023

10.Inchoate crimes deal with forms of punishable conduct where a person:

I. conspires to commit a crime with another, and the act is successful.
II. agrees to commit a crime with another, and the act is successful.
III. thinks of committing a crime but abandons his criminal thoughts.
IV. tries to commit a crime, but the act is not successful.

11. In Ex parte die Minister van Justisie: in re Sv Van Wvk 1967 (1) SA 488 (A), the
Appeal Court had to decide whether X may rel on private defence if:
I. the attack is threatening but completed.
II. the attack posed a future threat.
III. he kills another in protection of his property.
IV. he kills another who is running away with stole goods.

12.X always crosses a railway crossing a witn his TaxI just before the train passes, while
ignoring the warning lights and bypassing the boom. X knows that his conduct is
dangerous. One morning, X again approaches the crossing with his minibus taxi. X thinks
he will manage to cross in time, as he has always done so. However, the taxi is hit by the
train, resulting in the death of the children in the minibus. X will:
I. not be guilty of murder as he had no direct intention in causing the children's death.
II. not be guilty of murder as he did not reconcile himself to the possibility of the train
hitting the taxi.
III. be guilty of murder as he had indirect intention in causing the children's death.
IV. be guilty of murder as he had dolus eventualis in causing the children's death.

13. X's ability to subject his bodily movements to his will or intellect is left intact in cases
of:
I. vis absoluta.
II. vis compulsiva.
III. natural force.
IV. voluntary force.

14.In legal literature, intention is often referred to as ......

I. directus.
Created by Cynthia Charlotte 03 December 2023

II. dolus.
III. cupa.
IV. eventualis.

15.Read the following facts and then choose the correct option below: X enters a room
where he discovers Y having sexual intercourse with his wife. X is enraged and kills Y.
On a charge of murder, X pleads the defence of provocation. X will be found:
I. guilty as provocation is not a defence on a charge of murder.
II. not guilty as provocation is a defence on a charge ofmurder.
III. not guilty as he could not distinguish between right and wrong.
IV. guilty of section 1 of Act 1 of 1988.

16. Conduct can lead to liability only if it is:

I. a bodily movement.
II. voluntary.
III. willed.
IV. muscular voluntariness.

17.In Masiya v Director of Public Prosecutions 2007 (2) SACR 435 (CC), the
Constitutional Court held that:
I. a court may not consider the constitutionality of a
II. common-law rule or change it.
III. a court may extend a crime's field of application, but not to the detriment of the
accused.
IV. the courts have the major responsibility for law reform a court may not broaden the
definition of the common-law crime of rape.

18.A human being can be punished if he commits a crime through the agency of:
I. a criminal act.
II. an animal.
III. an illegal weapon.
IV. an inanimate object.
Created by Cynthia Charlotte 03 December 2023

19.The court determines the accused's mental illness or defect with the aid of expert
evidence provided by a:
I. pastor or family member.
II. lawyer.
III. prosecutor.
IV. psychiatrist.

20.As regards conduct, the bodily movements of a person who is sleepwalking are
considered by the law to be:
I. criminally liable.
II. an act as X is capable of subjecting his bodily movements to his will.
III. voluntary.
IV. not an act.

21. The principle of legality is recognised in:

I. The Criminal Procedure Act 51 of 1977
II. Section 61 of the National Road Traffic Act 93 of 1996
III. Section 35(3) (1) of the South African Constitution 1996
IV. The Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007

22. An act or conduct is voluntary if X is capable of:

I. subjecting his bodily movements to his will or intellect.

II. committing a negligent act.

III. committing an unwilled act.

IV. committing a willed act.

23.An act or conduct is voluntary if X is capable of:

I. subjecting his bodily movements to his will or intellect.
II. committing a negligent act.
III. committing an unwilled act.
IV. committing a willed act.
Created by Cynthia Charlotte 03 December 2023

24.X's ability to subject his bodily movements to his will or intellect is excluded in cases

of:
I. relative force.
II. absolute force.
III. voluntary force.
IV. natural force.

25. Generally, the test for negligence is:

I. objective.

II. subjective.

III. relative.

IV. intentional.

26.X's ability to subiect his bodily movements to his will or intellect is excluded in cases of:

I. relative force.

II. absolute force.

III. voluntary force.

IV. natural force.

27.Generally, the test for negligence is:

I. objective.
II. subjective.
III. relative.
IV. intentional.

28.One of the rules in the principle of legality is that a court of law must interpret the
wording in the definition of a crime:
I. as generously as possible
II. widely with a small margin of error
III. as widely as possible
Created by Cynthia Charlotte 03 December 2023

IV. strictly or narrowly

29.In Sv Goosen 1989 (4) SA 1013 (A), the Appellate Division held that:

I. unlike perpetrators and accomplices, a joiner-in is not a participant in the

commission of a crime.

II. mistake relating to the chain of causation may exclude intention if the actual

causal chain of events differed materially from that envisaged by X.

III. together with perpetrators and accomplices, a joiner-in is also a participant in the

commission of a crime.

IV. a mistake relating to the chain of causation car never exclude intention

30.Read the following facts then choose the correct option: X is a nurse. Her father, Y, is
in severe pain from a terminal illness. Y begs X to end his life as he cannot bear the pain
and suffering any longer. X administers a lethal injection to Y. Y dies peacefully a few
minutes later. X is charged with murder:
I. X cannot rely on consent as a ground of justification since her father lacked certain
minimum mental abilities due to his pain medication.
II. X cannot rely on consent as a ground of justification since she should have obtained
her father's tacit or express consent.
III. X can validly rely on consent as a ground of justification since she has complied with
all the requirements of consent.
IV. X cannot rely on consent as a ground of justification since consent does not operate as
a ground of iustification in the crime of murder.