QUIZ 4 – SEMESTER 2 – 16-08

Question 1
A is 90 years' old granny and exceptionally wealthy. Her 4 grandchildren are the beneficiaries
of her will. However, A was not prepared to help the grandchildren financially and was of the
opinion that the grandchildren must generate their own money.
Her 4 grandchildren do not want to wait any longer for their inheritance. Three of them, B, C
and D, agree that they will poison her with cynide. They are of the opinion that she has lived
a full life. They administer the poison but unbeknowst to them, E, stabbs her multiple times
with a knife.
The J88 reveals that she was already dying at the time E stabbed the victim.
B, C, D and E are charged with murder.
E objects to the murder charge.
Indicate which statement is correct.
E will be convicted with murder, but in his own personal capacity as he committed the
crime seperately to B, C and D. The latter had common purpose to murder the deceased,
but A was not part of that agreement.
E had common purpose to commit murder.
The criminal law is opposed to retrospective responsibility and E can only be convicted
for attempted murder.

Question 2

An accused, X, saw a group of people attacking an alleged thief who has allegedly been stealing
cellphones. He felt intense anger as he had been the victim of the theft of his own phone.

The group stabbed the thief (deceased). The accused, X, threw a brick at the alleged thief. X was
angry because a week prior to this incident his cellphone had been stolen and he had not been able
to recover his phone nor could he afford a new phone. X felt annoyed that thieves were not being
arrested. The alleged thief died. The post mortem (J88) showed that the thief was already dying at
the time that the accused, X threw a brick at him.

Indicate which statement is correct.

The accused should not be charged as the accused was already dying at the time he threw the
brick at the deceased. The deceased would have died even if he did not throw the brick.

The accused may be convicted on a charge of murder.

The accused may be convicted on a charge of attempted murder.

The accused should not be charged as he acted out of anger at the loss of his own
phone. Emotional stress justifies his conduct. Society has symphathy for the victims of crime.
The role of the prosecutor is to put the victim at the centre of prosecutions.

Question 3

Which section of the Constitution is relevant in respect of the development of the common law and
interpretation of legislation?
Provide the section ______ in the Constitution, e.g. 8(1) (do not provide a space beween section and
subsection).

Question 4

The police found the deceased in the early morning hours next to a busy road (highway). From the
facts it appeared that the deceased was a pedestrian who was walking next to the road when he was
run over by a car during the night. No one saw the accident happen. The police opened a docket and
the police may therefore be considered the 'complainant'.

The deceased was not reported missing although his identity was confirmed by means of
fingerprints.

The J88 indicates that the deceased died as a result of head injuries. It is not clear how or when he
sustained the head injuries, but the assumption is that it was caused by the car.

Indicate which statement is correct?

The prosecutor institutes a judicial inquest in the interest of justice as the accused died of
unnatural causes.

The prosecutor decides not to prosecute and returns the docket to the police with the
instruction to find the suspect who caused the death of the pedestrian.

The police institutes a judicial inquest in the interest of justice as the deceased died of
unnatural causes.

The prosecutor indicates that no crime was reported and that a judicial inquest should only be
instituted when a crime has been reported. The deceased died of natural causes.

Question 5

If a director of a company appears in court in terms of corporate criminal liability as outlined in

section 322 of the Criminal Procedure Act and the company is convicted, the court may impose only
a fine which must be paid by the corporate body.

True

False

Question 6

Four accused decided that they want to rob a shop at a shopping centre. There was a prior
agreement that they will commit robbery.

During the robbery there is a shoot-out between the police and the robbers. One of the robbers ran
into a shop and took a by-stander as a hostage. A member of the public saw the robber taking the
person hostage and fired at the robber but the bullet killed the hostage.

The prosecutor prosecuted the four accused on the charge, murder.

 sv
You are the presiding officer and make the following judgement: molimi= all
accused
The accused who had taken the hostage acted on a frolic of his own and only that accused may must have
be convicted on a charge of murder. The other three accused cannot be convicted of murder of dolus
the hostage. eventualis

All the accused had common purpose to commit murder and are convicted on the charge of
murder.

All the accused had dolus eventualis and are convicted for murder.

If the four accused had not decided to commit robbery, the victim (hostage) would not have
died and therefore all the accused are convicted for murder since there is a link between the
conduct of the group and the death of the hostage.

Question 7

In van Wyk v The State (575/11) [2012] SASCA 48 the court indicated that one of the requirements
for common purpose is mens rea.

The facts of the case is not relevant but is provided to give you some background. In the van
Wyk case a gang killed a girl in a brutal manner. The deceaed apparantly had some form of
connection to a rival gang. The gang feared that she may complain to a rival gang that they had
desired to have sexual intercourse with her and that such a revelation would cause friction between
the gangs and may even result in a fight between the gangs. The gang leader therefore decided that
the deceased had to be killed.

What does mens rea mean? guilty mind

Provide the answer - do not use capital letters.

Question 8
instrumentality argument (one word,
In S v Tsabalala 2020 2 SACR 38 (CC) the court rejected the ______________
use small letters).

Question 9

The common purpose principle is only applicable to consequence crimes.

The main difference between conduct and consequence crimes is that the consequence crime must
comply with the ______________ requirement.

Provide one word; do not use no capital letters.

causation

Question 10

In S v Xaba and Others 2018 (2) SACR 387 (KZN) the court found that witchcraft:

Indicate the correct answer.

 which constitutes a subjective belief should excuse the conduct of the offenders.

excludes the element, unlawfulness pertaining to criminal liability.

serves as an aggravating factor in respect of sentencing.

serves as a mitigating factor in respect of sentencing.

Question 11

What is the core mandate (business) of the NPA?

Provide the answer - one word, small letters. prosecute

Question 12

Provide the main reason why a clear distinction between different participants in crime commission
is drawn.

The type of participant may affect sentencing.

The seriousness of involvement in crime commission will depend on the type of participation in
the crime commission.

A lot of crimes are committed by more than one accused and the principle of common purpose
plays an important role in ensuring a conviction (criminal liability).
The different participants must comply with different requirements and therefore it is
important to distinguish between the different participants.

Question 13

Assume accused A and B killed C.

It was a planned pre-meditated killing of C.

Both accused A and B are charged for incitement to commit murder, conspiracy to commit
murder, attempted murder and murder of C.

The defence of accused A and B argue that the accused cannot be charged (prosecuted) for
incomplete and complete crime that are based on the same facts, namely the killing of C.

Is the argument of the defence true or false? Indicate true or false.

True

False

Question 14
On appeal the court criticised the manner in which the triad in S v Zinn 1969 (2) 537 (A) had been
applied in S v Pistorius 950/2016 (2017) ZASCA (facts repeated as questions are randomised:
boyfriend shot girlfriend whom he alleged he thought mistakenly was an intruder).

Indicate which statement is correct pertaining to the application of the triad by the trial court.

Too much emphasis was placed on the seriousness of the crime.

Too much emphasis was placed on the best interest of society.

Not enough emphasis was placed on applying the triad in S v Zinn 1969 (2) 537 (A). All the
focus was on the prescribed sentence provided for in the Minimum Sentencing Act.

Too much emphasis was placed on the personal circumstances of the accused.

Question 15 charge sheet

Before an accused can plead, the prosecutor must draft a _________ (do not use capitals; 2 words)

Question 16

What is the relevance of the case, S v Xaba and Others 2018(2) SACR 387 (KZN), in other words why
was it prescribed to you?

Indicate which statement is not correct:

Indunas and chiefs have no criminal jurisdiction in a matter such as alleged murder where the
deceased was accused of having killed the deceased for witchcraft purposes. The conduct of
the induna therefore did not comply with the Traditional Leadership and Governance
Framework Act 41 of 2003.

It deals with the Minimum Sentencing Act (Criminal Law Amendment Act) 107 of 1997 which
provides for the imposition of life imprisonment in an instance where the death of a victim is
related to or resulted form witchcraft in terms of Witchcraft Suppression Act 3 of 1957.

The case deals with section 51 part 1 of the Minimum Sentencing Act (Criminal Law
Amendment Act 107 of 1997) read with schedule 2.

It deals with the elements for criminal liability for the crime, murder where the death of the
victim resulted from or is directly related to any offence contemplated in section 1 (a) to (e) of
the Witchcraft Suppression Act 3 of 1957.

Question 17

Answer the following question in respect of the prescribed sentence in accordance with section 51
part 1 to 4 of the Minimum Sentencing Act (Criminal Law Amendment Act 105 of 1997) read with
schedule 2.

In respect of the deviation of a prescribed sentence:

The presiding officer will not deviate from the prescribed sentence as it will result in legal
uncertainty and defeat the purpose of the Minimum Sentencing Act especially as the purpose
 section 51 had
limited but did
of the Minimum Sentencing Act is to severely limit the discretion of the presiding officer and not eliminated
court discretion
impose the prescribed sentence to a serious common law crime. in imposing
sentence on
The prosecutor will apply its discretion and identify if there is substantial and compelling crimes listed
on part 1 to 4
circumstances justifying the deviation from the prescribed sentence in accordance with S of schedule 2 =
s v malgas
v Malgas 2001 (2) SA 1222 (SCA).

The presiding officer will apply its discretion and identify if there is substantial and compelling
circumstances justifying the deviation from the prescribed sentence in accordance with S v
Malgas 2001 (2) SA 1222 (SCA).

The presiding officer will see if there is substantial and compelling circumstances to deviate
from the prescribed sentence by applying its discretion in accordance with the triad outlined in
the case, S v Zinn 1969 (2) SA 537 (A).

Question 18

In S v Xaba 2018 (2) SACR 387 (KZP) the court indicated that the main objective of the indigenous
law (customary law) is to attain:

Rehabilitation of the offender.

Deterrence.

Retribution.

Restorative justice.

Question 19

Sentencing forms part of which ______ phase of the criminal justice system?

trial
Please provide the _______________ phase.

It is not the sentencing phase.

Question 20

Crimes are committed in a physical and _______ (provide) medium. Increasingly one sees crimes
such fraud and corruption being committed in an __________ medium. A lot of evidence is also
available in the ______ medium as most people today engage with this ____________ medium.

Please provide the medium - only 1 word (do not use capital letters).

eletronic

Question 21
Read the following set of facts based on a prescribed case (the facts have already been provided at
another question, but as the questions are randomised, it is repeated):

Four accused had a prior agreement to execute a robbery. They robbed money from a security
officer who had to transport money from the shop to the bank. When the robbers were leaving the
shopping centre, there was a shoot-out between the robbers and the security officers of the shop.

One of the accused (accused number 1) ran into a shop to protect himself. A (a member of the public
and concerned citizen) who saw the robbery taking place, ran after the accused. A was armed. The
accused grabbed Y as a hostage and pressed his fire-arm against Y's head. There was a shoot-out
between A and the accused number 1 (the robber) with the consequence that the hostage was
struck and killed.

All 4 accused were charged for the murder of the hostage based on common purpose.

Only accused number one may be convicted as the other accused did not have _________________
(indicate the form of fault).

dolus eventualis

Question 22

A stole a television (black and white television worth about a R1000) in 1982.

Now after more than 40 years, A confesses to a group of friends which includes the owner of the
television of his "youthful" indiscretion.

The owner of the stolen television demands that A compensates him, but A laughs it off.

The owner lays a charge of theft against A.

Indicate which statement is correct (represents the legal position).

In terms of section 18 of the Criminal Procedure Act 51 of 1977 these type of crimes do not
prescribe and A may be prosecuted.

A can be prosecuted but not in terms of section 18 of the Criminal Procedue Act 51 of 1977,
but because all crimes - however small/insignificat - cannot go unpunished. Justice must be
previal. It gives affect to the purposes of punishment.

In terms of section 18 of the Criminal Procedure Act 51 of 1977 this type of crime has
prescribed and A may not be prosecuted.

This happened so long ago when A was still very young and immature. A cannot be prosecuted
for something that he did at a young age.

Question 23

Criminal responsibility of an accused is founded on the following main principle:

It also explains why special forms of criminal liability may be controversial.

Criminal law provides for conduct that are prohibited as crimes as well as for sentencing upon
conviction.

Individual autonomy namely that an accused has a free will and can choose whether to commit
a crime or not.

Society demands that the state protects them against crime otherwise society will take the law
into their own hands.

The protection of human rights such as the right of life and protection of freedom and security
and all conduct must be evaluated against the Constitution.

Question 24

Crimes are now increasingly committed across borders. The Internet also facilitates cross border
globalisation (one word; do not use capital letters; use UK English).
crimes. This is the result of ____________

Question 25

Three men, A, B and C break into a house.

A rapes a 18 year old girl while B is in the room making lewd comments.

C is busy looking for money and jewellery while the rape is taking place.

Indicate which statement is correct pertaining to charging (prosecuting) the accused with rape.

The presiding officer will charge the three accused as perpetrators of rape.

The prosecutor will charge A as a perpetrator in respect of the rape as he was penetrating the
victim.

B and C did not penetrate the victim and will not be prosecuted with rape.

The prosecutor will charge all 3 as perpetrators.

The prosecutor will charge A as a perpetrator in respect of the rape and B as an accomplice to
rape. C will not be prosecuted for rape.

Question 26

The following facts (also referred to at another question at quiz 4; repeated again since the quiz
randomises questions):

Four accused had a prior agreement to execute a robbery. They robbed money from a security
officer who had to transport money from the shop to the bank. When the robbers were leaving the
shopping centre, there was a shoot-out between the robbers and the security officers of the shop.

One of the accused (accused number 1) ran into a shop to protect himself. A (a member of the public
and concerned citizen) who saw the robbery taking place, ran after the accused. A was armed. The
accused grabbed Y as a hostage and pressed his fire-arm against Y's head. There was a shoot-out
between A and the accused number 1 (the robber) with the consequence that the hostage was
struck and killed.

The facts provided is similar to the molimi

______ case (provide the name of the case).

Question 27

This question concerns criminal liability within the context of the Fourth Industrial Revolution (4IR).

One now have devices and computers which can perform tasks that require intelligence similar to
human intelligence. Some of these devices may have the ability by means of deep learning to think
for itself and act upon this acquired ability.

Why is criminal liability of a device/computer relevant within the context of the Fourth Industrial
Revolution (4IR)?

Questions relating to the criminal accountability of for example drones and whether it can
manifest itself in the subjectivity of dolus will be relevant in an age in which technology
increasingly dominate society on all spheres.
Questions relating to the criminal accountability of for example drones will manifest itself
mainly in the subjectivity of culpa will be relevant in an age in which technology increasingly
dominate society on all spheres. It manifests itself mainly in respect of the subjectivity
of culpa and is relevant in respect of the Fourth Industrial Revolution.

Questions relating to the criminal accountability of for example drones and whether it can
manifest itself in the objectivity of dolus will be relevant in an age in which technology
increasingly dominate society on all spheres.

Question 28

A works at a security company which collects money from various businesses and takes it to the
bank. He knows the time schedule of the days when money is picked up at various places and taken
to the bank. A arranges a robbery with 3 other accused, B, C and D.

A bought the guns (unlicensed and illegal guns) and the disguises they can wear during the
robbery. A provided the accused with the time and place where the robbery must take place.

B, C and D carried out the robbery while A was visiting his sick mother in hospital. He was not
present at the robbery.

Indicate which statement is correct.

A may be charged as an accomplice based on the common purpose doctrine originating from a
prior agreement.

A may be charged as an accomplice originating from a prior agreement.

A may be charged as a perpetrator based on the common purpose doctrine originating from an
active association.

A may be charged as a perpetrator based on the common purpose doctrine originating from a
prior agreement.

Question 29
A has HIV. He has known about his HIV status for some time. He has a girlfriend, B but has not
informed her that he is HIV positive. They have had sexual intercourse over a period of a year
without using protection (such as a condom). She did ask him to use a condom as she did not want
to fall pregnant. B indicated that he did not like using a condom. A think she is pregnant and goes for
a pregnancy test. At the same time she is tested for HIV. She tests positive for HIV. B is very upset
and confronts A. She has been faithful to him during their relationship. She did not have HIV prior to
their relationship and contracted HIV from A.

Question: May A be charged for attempted murder?

Indicate which statement is correct.

Yes, A may be charged for attempted murder in terms of the Riotous Assemblies Act 17 of
1956.

Yes, A may be charged for attempted murder as he had culpa.

No, A cannot be charged. No one forced B to have a sexual relationship with A. A has no legal
duty in terms of the common law to disclose his HIV status to A. They were two consenting
adults who had a sexual relationship.

Yes, A may be charged for attempted murder as he had dolus eventualis.

Question 30

When it comes to imposing a sentence, the starting point will be establishing

Whether specific legislation prescribes a sentence.

The sentencing options in s 276 of the Criminal Procedure Act 51 of 1977.

The sentencing jurisdiction of the specific court.

The prescribed sentence in the Minimum Sentencing Act.

Question 31

This question pertains to the principle of common purpose.

Indicates which statement is not correct in terms of the national criminal law:

In S v Thebus 2003 (2) SACR 319 (CC) the constitutionality of the principle of common purpose
was confirmed.

In S v Safatsa 1988 (1) SA 868 (A) the existence of the common purpose principle was
confirmed.

Burchell supports the application of the principle of common purpose whereas Snyman
opposes the application.
 In S v Thebus 2003 (2) SACR 319 the court indicated that causation between the group and the
death was sufficient and that causation between each accused and the consequence does not
have to be proven.

Question 32

The author, Snyman favours retribution as the main aim for imposing sentence. The reason why
Snyman favours retribution is that he supports a ________________
crime control approach to crime prevention
and commission which the emphasis on collective welfare as opposed to individual autonomy.

Provide the approach: 2 words; do not use capital letters.

Question 33

On the charge sheet, company ABC is cited as accused 1 and represented by the director of the
company whereas the employee of the company is cited as accused 2. The charge is fraud (common
law crime) and corruption (statutory crime).

Which form of special criminal liability is applicable?

The company is being charged in terms of _____________

corporate criminal liability (one word, no capital
letters).

Question 34

A is charged/prosecuted with the common law crimes, murder and attempted murder and the
statutory crime, conspiracy to commit murder.

He objects to being charged/prosecuted for all three the crimes as the evidence needed to prove
murder will likewise be used to prove attempted murder and conspiracy to commit murder.

Indicate whether the following supposition/statement is true or false:

A indicates that if he is prosecuted for these 3 charges, it will amount to multiple /duplication of
convictions and the rule against multiple / duplication of convictions will be infringed (violated).

True

False

Question 35

In S v Pistorius 950/2016 (2017) ZASCA (boyfriend killed his girlfriend and alleged he acted in private
defence as he thought there was an intruder in the bathroom) the state appealed against the
sentence imposed by the trial court. In 2014, he was sentenced to a maximum of five years for
culpable homicide with a concurrent three-year suspended prison sentence for reckless
endangerment. In 2016 the State appealed against the sentence which had been amended in 2016
to 6 years for murder. In 2017 after an appeal against the sentence, it was increased to 15 years
(deducting the time already spend in prison). He may be released on parole.
The Court of Appeal only interfered with the sentence imposed by the trial court in
the Pistorius case, because

The trial court sentence was inappropriate.

There was a misdirection pertaining to the sentence the trial court imposed.

There was an irregularity in respect of the sentence imposed by the trial court.

Question 36

The prosecutor represents the _________ (one word; small letters).

Question 37

Which theory of fault in respect of dolus is applicable?

The psychological
__________ theory of fault is applicable in South Africa.

Provide one word; not capital letters.

Question 38

The general elements for criminal liability are grouped differently. The elements are not only of
theoretical relevance, but play an important role in deciding whether prosecution must be instituted
or not as well as during the trial to prove the criminal case. It also forms the basis of specific crimes.

Indicate which grouping is not correct in accordance with the South African criminal law.

Burchell identifies the following elements which is in accordance with the English law:

1. Unlawful conduct (actus reas);

2. Criminal capacity.

3. Fault

Burchell acknowledges the principle of legality but not as a specific element.

Snyman identifies the following elements which is in line with the German law:

1. Conduct;

2. Unlawfulness;

3. Criminal capacity and fault.

Snyman recognises the principle of legality but not as a specific element.

The lecturer identifies the following elements which reflect a practical application of the South
African law:

1. Legality;
 2. Conduct;

3. Unlawfulness;

4. Criminal capacity; and

5. Fault.

The elements may theoretically be grouped into different categories, namely those that are
objectively established and those that are subjectively established. Elements such as
legality, conduct and unlawfulness and culpa are grouped together and established objectively
whereas criminal capacity (excluding provocation and emotional stress) and dolus are grouped
together and established subjectively.

Question 39

In respect of the rape, the prosecutor will present the medical report during the trial as evidence.

The medical report is referred to as the ________

J88 (complete - one word, no space e.g. J15)

Question 40

The following set of fact unfortunately did happen:

B ended her relationship with A and A (ex boyfriend) decided to take revenge for A ending their
relationship. A went in a chat room on the Internet and indicated that B (former girlfriend) desired
to be raped. A pretended (masqueraded) as B and said that it has been her (B's) fantasy to be 'raped'
by a stranger. A gave all B's particulars.

B never gave consent to A to post such a notice nor had she ever expressed that she harboured such
a fantasy.

C read the post, went to B's house and raped B.

Indicate which statement is the most correct.

A can be charged with the common purpose to commit rape. He is an accomplice as he aided
in the commission of the crime.

A can be charged for incitement to commit rape. Incitement will be a statutory offence.

A cannot be charged for any crime. He has the constitutional right of free speech and he could
not foresee that C would rape B.

A may be charged with common purpose to commit the crime, rape. He is a perpetrator.

Question 41

Two sisters were sexually abused from 1980 to 1989. At the time they were respectively 12 and 16
years old.

May the sisters still lay a charge approximately 40 years after the commission of the alleged crime?
 No, the sisters may lay a charge but the prosecutor will decline to institute prosecution.
Prescription is not applicable but it is doubtful that there are evidence that will result in a
successful prosecution.

Yes, the accused may be prosecuted as prescription is not applicable in respect of the alleged
crime.

No, the accused cannot be prosecuted as prescription is applicable. This is sexual abuse which
prescribes after 20 years.

No, the sisters cannot lay a charge as the legislation nor the common law provides for such a
charge.

Question 42

The prosecution follows the following type of approach to prosecution:

Due process

Normative

Victim-centred

Crime-control

Question 43

A subjectively believed that her grandmother was a witch and that her life was in danger. She asked
her boyfriend to kill her grandmother. She planned the crime e.g. she determined the day on which
the killing would take place. On the day of the murder she was present in the room in which her
boyfriend strangled her granny (facts similar to Director of Public Prosecutions v Moloto 2019
(2) SACR 123 (SCA)). She did not strangle the deceased.

Which category of participant is A?

A is an accessory after the fact.

A is an accomplice.

A is a joiner-in.

A is a perpetrator.

Question 44

A subjectively believed that her grandmother was a witch and that her life was in danger. She asked
her boyfriend to kill her grandmother. She planned the crime e.g. she determined the day on which
the killing would take place. On the day of the murder she was present in the room in which her
boyfriend strangled her granny (facts similar to Director of Public Prosecutions v Moloto 2019
(2) SACR 123 (SCA)). She did not strangle the deceased.
Which category of participant is A?

A is an accomplice.

A is an accessory after the fact.

A is a perpetrator.

A is a joiner-in.

Question 45

If specific legislation does not provide for a sentence, then the presiding officer may look at the
sentencing options provided for at section 276 of the Criminal Procedure Act 51 of 1977 and impose
a sentence provided that it does not exceed the particular court's sentencing jurisdiction.

Provide the name of the court case in which above was confirmed. It was confirmed in the following
case: ______________ (one word) case.