JUNE 2013 EXAMINATION DATE: 11 JUNE 2013 DURATION: 2 HOURS PASS MARK: 40% (UU-50)

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1 CRIGEN6 JUNE 2013 EXAMINATION DATE: 11 JUNE 2013 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) 5 DEFINITION QUESTIONS (10 MARKS) SECTION B: SECTION C: SECTION D: CONSISTS OF 3 SHORT QUESTIONS CONSISTS OF 4 LONG ANSWER QUESTIONS CONSISTS OF 2 INTERPRETATIVE QUESTIONS ANSWER ONE OF THE QUESTIONS (15 MARKS) (45 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 2013 PAGE 1 OF 5

2 SECTION A (i) TRUE OR FALSE QUESTIONS Indicate whether the following statements are true or false. Motivate all your answers. 1. The main objective of civil proceedings is the punishment of the offender. 2. Criminal law is a branch of private law and deals with conduct that is considered harmful to society and the state. 3. Sane automatism occurs when a person who is usually sane, temporarily behaves involuntarily. 4. A child who is under seven years of age is capable of being guilty of a crime. 5. Completed attempts occur when the wrongdoer is interrupted while in the process of committing a crime. [5 2 = 10] (ii) DEFINITION QUESTIONS Define the following crimes: (a) assault (2) (b) pointing of an arm (2) (c) public indecency (2) (d) housebreaking with the intention to commit a crime (2) (e) extortion (2) [10] [20] DAMELIN CORRESPONDENCE COLLEGE JUNE 2013 PAGE 2 OF 5

3 SECTION B: SHORT QUESTIONS (15 MARKS) Compulsion is one of the grounds of justification. Give the other seven grounds of justification. [7] Name the various ways in which a person may participate in a crime. [4] QUESTION 3 Provide examples of conduct that would constitute the crime of contempt of court. [4] [15] DAMELIN CORRESPONDENCE COLLEGE JUNE 2013 PAGE 3 OF 5

4 SECTION C: LONG ANSWER QUESTIONS (45 MARKS) Name and describe four examples of the crime of culpable homicide. [8] Analyse the following scenario and answer the questions below. John is a citizen of a certain country and is unhappy with the present government. He decides to overthrow the government. He recruits a large group of trained military personnel who are citizens of the same country and who also want to overthrow the government. They make explosive devices and plant them at prominent places in the country with the aim of threatening the security and existence of the state. (a) Identify the crime that John and his recruits are guilty of committing. (2) (b) Discuss the element of conduct in relation to the crime identified in the previous question. (10) [12] QUESTION 3 Murder can be defined as the unlawful and intentional killing / causing of death of another person / human being. Keeping the above definition in mind, discuss the element 'causing of death', by focussing on the following: intention unlawfulness [10] QUESTION 4 Identify and briefly explain the different forms of assault. [15] [45] DAMELIN CORRESPONDENCE COLLEGE JUNE 2013 PAGE 4 OF 5

5 SECTION D: INTERPRETATIVE QUESTIONS ANSWER ONE OF THE QUESTIONS The crime of rape is an ever increasing crime in South Africa and is widely reported throughout the world. Discuss in detail the elements of rape. [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? There are various factors that may influence the criminal responsibility of an offender. Discuss in detail juvenility (youth) as one of the grounds excluding culpability. [20] [20] Section A: 20 marks Section B: 15 marks Section C: 45 marks Section D: 20 marks TOTAL: 100 MARKS DAMELIN CORRESPONDENCE COLLEGE JUNE 2013 PAGE 5 OF 5