Professional Documents
Culture Documents
Semester 1 and 2
BARCODE
CONTENTS
Page
1 INTRODUCTION ...................................................................................................................... 3
6 RESOURCES .......................................................................................................................... 7
6.1 Study material .......................................................................................................................... 7
6.2 Prescribed book(s) ................................................................................................................... 7
6.3 Prescribed cases ...................................................................................................................... 8
6.4 Library services and resources information…………………………………………………………. 9
9 ASSESSMENT....................................................................................................................... 11
9.1 Assessment criteria ................................................................................................................ 11
9.2 Assessment plan .................................................................................................................... 12
9.3 Unique numbers ..................................................................................................................... 12
9.4 Assignment due dates ............................................................................................................ 12
9.5 Submission of assignments .................................................................................................... 12
9.6 The examination ..................................................................................................................... 12
13 IN CLOSING .......................................................................................................................... 15
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CRW2601/101/3/2022
Dear Student
1 INTRODUCTION
Welcome to the first module in Criminal Law. We hope you will find it interesting and rewarding.
Teaching and learning in an ODeL context involves multiple modes of delivery ranging from
blended learning to fully online. As a default position, all post graduate programmes are offered
fully online with no printed study materials, while undergraduate programmes are offered in a
blended mode of delivery where printed study materials are augmented with online teaching and
learning via the learner management system – myUnisa. In some instances, undergraduate
programmes are offered fully online as well.
The CRW2601 module is a blended module. Whether a module is offered either as blended
(meaning that we use a combination of printed and online material to engage with you) or online
(all information is available via the internet), we use myUnisa as our virtual campus. This is an
online system that is used to administer, document and deliver educational material to you and
support engagement with you. Look out for information from your lecturer as well as other Unisa
platforms to determine how to access the virtual myUnisa module site. Information on the tools
that will be available to engage with the lecturer and fellow students to support your learning will
also be communicated via various platforms.
You are encouraged to log into the module site on myUnisa regularly (that is, at least twice per
week). You will receive a number of tutorial letters during the year, which will be uploaded online
on the CRW2601 website. A tutorial letter is our way of communicating with you about teaching,
learning and assessment. This tutorial letter contains important information about the scheme
of work, resources and assignments for this module. We urge you to read it carefully and to
keep it at hand when working through the study material, doing assignments, preparing for the
examination, and addressing questions to your lecturers.
This tutorial letter also provides all the relevant information with regard to the prescribed study
material. Please read this information carefully and make sure that you obtain the prescribed
material as soon as possible.
In this tutorial letter, you will also find the assignments for the semester and instructions on how
to complete and submit them.
Finally, we also include in this tutorial letter certain general and administrative information with
regard to this module. Please study this section of the letter carefully.
We would like to point out that you must read all the tutorial letters you receive during the
semester immediately and carefully – they always contain important, and sometimes urgent,
information.
Please read Tutorial Letter 301 in combination with Tutorial letter 101 as it will give you an idea
of generally important information when studying at a distance and within a particular college.
We hope that you will enjoy this module and wish you all the best!
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2 PURPOSE AND OUTCOMES
Criminal law is presented in two compulsory modules, namely CRW2601 and CRW2602.
Module CRW2601 deals with the general principles of criminal law, participation in crime
and attempt to commit a crime. Module CRW2602 deals with specific crimes.
This module covers the theoretical principles underlying substantive criminal law. The purpose
of this module (CRW2601) is for you to gain the necessary knowledge, skills, attitudes and
competencies to analyse and solve problems relating to the general principles of criminal law.
You must be able to demonstrate a clear understanding of these principles, apply them to factual
scenarios which occur in the real world, and solve problems related to criminal law in a work
environment.
By studying this module, you should develop the following main outcomes and competencies:
• Application. You also have to develop the competency to formulate legal arguments and
apply your knowledge to practical problems. This outcome can be achieved by, inter alia,
doing the “activities” and “test yourself” exercises included in the study material.
The outcomes and competencies mentioned above are also relevant for assessment purposes
(by your lecturers and your assessment of yourself). In the examination, you will have to answer
theoretical questions which will require you to demonstrate your knowledge of the study
material. You will also have to answer a number of problem-type questions to assess your
understanding and ability to apply your theoretical knowledge practically. Both types of
questions will assess how you use certain competencies, for example, your ability to remember
legal principles and to apply them to factual scenarios.
Since you are a Unisa student learning through distance education, you will also be required to
evaluate yourself. Self-evaluation is an important tool for assessing the extent to which you
have achieved the study outcomes. Apart from the feedback on assignments which will provide
specific guidance, you should take notice of the specific outcomes identified in each study unit
to determine whether you have achieved the knowledge and insight required. In this way, you
will be able to identify areas in which you may need to improve your knowledge and/or
understanding.
3 CURRICULUM TRANSFORMATION
Unisa has implemented a transformation charter based on five pillars and eight dimensions. In
response to this charter, we have placed curriculum transformation high on the teaching and
learning agenda. Curriculum transformation includes the following pillars: student-centred
scholarship, the pedagogical renewal of teaching and assessment practices, the scholarship of
teaching and learning, and the infusion of African epistemologies and philosophies. These pillars
and their principles will be integrated at both programme and module levels as a phased-in
approach. You will notice a marked change in the teaching and learning strategy implemented
by Unisa, together with how the content is conceptualised in your modules. We encourage you
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CRW2601/101/3/2022
to embrace these changes during your studies at Unisa in a responsive way within the
framework of transformation.
To assist Unisa to safeguard your personal information, please ensure that you only use your
myLife e-mail account when communicating with the university. We will not be responding to
any emails sent from private email addresses.
By using your myLife e-mail account, the university has a reasonable assurance that we are
communicating with you, as your e-mail address contains your student number and you use
your login credentials to access the account.
Unisa may only communicate with a student using a private e-mail address under the following
circumstances:
• New applicants who are enquiring about information for the purpose of applying for
admission.
• New applicants who do not yet have a myLife e-mail account, because they have been
admitted but not yet registered.
Please be aware that any personal information you publish on public platforms, such as social
media platforms and WhatsApp groups, is not covered by the provisions of Protection of
Personal Information Act 4 of 2013. Any personal information published in the public domain is
not considered private and can, therefore be accessed by external parties with access to such
platforms.
5.1 Lecturer(s)
Direct all queries that are not of a purely administrative nature, but which relate to the content
of this module, to your lecturers. Always have your study material at hand when you have
queries concerning this module. DO NOT SEND COMMUNICATIONS TO ALL THE
LECTURERS INDIVIDUALLY, BUT RATHER ADDRESS CORRESPONDENCE TO THE
PRIMARY LECTURER.
Email has increasingly become the preferred method of communication, as it allows for a quicker
response time. You can email us either directly or via the relevant links on myUnisa.
You must however contact us from your registered myLife email account. It is therefore essential
for you to establish a myLife individual email account by following the links on myUnisa.
If you wish to contact more than one lecturer in this module electronically, please direct your
email to the primary lecturer and CC (copy) the other lecturers. However, the best course of
action is to address all electronic communication to the primary lecturer, who will then assist you
or direct your query to the appropriate person. Do not send identical emails to all the
lecturers individually. Also note that correspondence addressed to lecturers MAY NOT be
enclosed together with assignments.
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Our contact details are as follows: :
If you should call us and you find that we are not readily available to take your call, please leave
a voicemail message for your lecturers. It may happen that sometimes the voicemail message
may be scrambled of is really unclear, you are therefore urged to also end us an email,
You are welcome to visit the lecturers to discuss any queries about or problems concerning the
module. However, please make an appointment beforehand, otherwise you may run the risk
of the lecturer not being available to see you. Our offices are on the 8th floor of the Cas van
Vuuren Building, Main Campus, Muckleneuk Ridge, Pretoria.
5.2 Department
If you cannot get hold of any of your lecturers, you are also welcome to leave a message with
the departmental secretary at either (012) 429 4995/8397/8444.
Please send all emails from your mylife email account. If you send an e-mail directly to a
Unisa e-mail address, insert your student number in the subject line to effect the correct routing
to an advisor for processing.
5.4 University
To contact the university, please dial 080 000 1870. Remember to keep your student number at
hand when contacting the university. The Unisa Student Communication Service Centre will be
open weekdays from 08:00 – 16:00 (South African Standard Time).
Please send all emails from your mylife email account. If you send an e-mail directly to a
Unisa e-mail address, insert your student number in the subject line to effect the correct routing
to an advisor for processing. Please check the list carefully and send an enquiry to one e-
mail address only. This will ensure that there is no confusion as to who must respond, thereby
preventing unnecessary delays in the response or the email portrayed as spam. Students should
only forward enquiries to the Registrar and Deputy Registrar in instances where those enquiries
could not be resolved at other levels.
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CRW2601/101/3/2022
6 RESOURCES
The Department of Despatch should have supplied you with the following study material for this
module:
• A study guide
• A Case Law Reader for CRW2601
Tutorial Letter 101 and other tutorial letters will be made available online. You can view the study
guides, tutorial letters and other additional material for the module for which you are registered
on the University’s online campus, myUnisa, at: http://my.unisa.ac.za.
The study guide for CRW2601 consists of sixteen (16) study units. The introduction contains
a description of the literature for this course and the study method you should follow. Please
read the introductory chapter of your study guide carefully, as it sets out what we expect of you
in this module. Please give particular attention to point 5, namely "Method of study".
In addition to the study material abovementioned, the prescribed textbook for CRW2601 is:
In the study guide we have specified those sections that are only found in the textbook.
Please ensure that you study these sections from the textbook. Furthermore, if the
discussion of a certain topic in the study guide is not clear to you, it will probably become clearer
if you consult the discussion of that particular topic in the prescribed textbook.
To obtain the textbook, please consult the list of official booksellers and their addresses listed
in Study @ Unisa. If you have any difficulty obtaining Snyman’s book from these bookshops,
please contact the Prescribed Books Section at telephone 012 429 4152 or email
vospresc@unisa.ac.za. You can also order Snyman’s book directly from the publishers.
The following is a list of prescribed decided cases which you must study for the examination. It
is COMPULSORY to study these cases in conjunction with the study guide and prescribed
textbook. They will help you gain greater insight into the relevant principles and their application.
All the cases appear in your prescribed Case Law
Reader.
For the purposes of this module, you need to study the prescribed cases as they appear
in your prescribed Case Law Reader only.
Theories of punishment
Zinn 1969 (2) SA 537 (A)
Principle of legality
Masiya 2007 (2) SACR 435 (CC)
Mshumpa 2008 (1) SACR 126 (E)
Prins 2012 (2) SACR 183 (SCA)
Omission
Minister van Polisie v Ewels 1975 (3) SA 590 (A)
Causation
Mokgethi 1990 (1) SA 32 (A)
Tembani 2007 (1) SACR 355 (SCA)
Unlawfulness
Fourie 2001 (2) SACR 674 (C)
Private defence
Van Wyk 1967 (1) SA 488 (A)
Patel 1959 (3) SA 121 (A)
Steyn 2010 (1) SACR 411 (SCA)
Necessity
Goliath 1972 (3) SA 1 (A)
Criminal Capacity
Eadie 2002 (1) SACR 663 (SCA)
Culpability
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CRW2601/101/3/2022
Intoxication
Chretien 1981 (1) SA 1097 (A)
Participation
Safatsa 1988 (1) SA 868 (A)
Thebus 2003 (2) SACR 319 (CC)
Molimi 2006 (2) SACR 8 (SCA)
Attempt
Schoombie 1945 AD 541
Davies 1956 (3) SA 52 (A)
All information relating to module-specific support initiatives will be made available to you via
myUnisa on the module site.
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7.2 First-Year Experience Programme @ Unisa (only compulsory for NQF level 5 and 6
modules)
For many students, the transition from school education to tertiary education is beset with
anxiety. This is also true for first-time students to Unisa. Unisa is a dedicated open distance and
e-learning institution. Unlike face-to-face/contact institutions, Unisa is somewhat different. It is a
mega university, and all our programmes are offered through a blended learning mode or fully
online learning mode. It is for this reason that we thought it necessary to offer first-time students
additional/extended support so that you can seamlessly navigate the Unisa teaching and
learning journey with little difficulty and few barriers. In this regard we offer a specialised student
support programme to students entering Unisa for the first time. We refer to this programme as
Unisa’s First-Year Experience (FYE) Programme. The FYE is designed to provide you with
prompt and helpful information about services that the institution offers and how you can access
information. The following FYE programmes are currently offered:
• FYE website: All the guides and resources you need to navigate through your first year at
Unisa can be accessed using the following link: www.unisa.ac.za/FYE
• FYE e-mails: You will receive regular e-mails to help you stay focused and motivated.
• FYE broadcasts: You will receive e-mails with links to broadcasts on various topics related
to your first-year studies (eg videos on how to submit assignments online).
• FYE mailbox: For assistance with queries related to your first year of study, send an e-mail
to fye@unisa.ac.za
Some companies and social media pages have been falsely advertising Unisa online information
and various services to assist Unisa students. In the process, companies either solicit money
fraudulently from students or make money through online advertising with no benefit to students.
Unisa will always use official communication channels (eg Unisa website, myUnisa, Unisa social
media platforms, myLife e-mail) to communicate with students.
Please use the following Unisa platforms for official Unisa information:
• www.unisa.ac.za
• https://my.unisa.ac.za
• https://www.facebook.com/UniversityOfSouthAfrica
• https://twitter.com/unisa
• https://www.linkedin.com/company/unisa
8 STUDY PLAN
The specific study plan for CRW2601 below is based on the assumption that all academic
activities for the 1st semester 2022 will commence in February and continue until the end
of April 2022. For the 2nd semester 2022, studies will commence in July and continue until
the end of September 2022. The examination period for the 1st semester commences early
in May 2022 and runs till early June 2022, while the examination period for the 2 nd
semester commences early in October 2022 and runs till November 2022.
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9 ASSESSMENT
The assignments you have to do in this module will be assessed in terms of the following desired
outcomes and assessment criteria:
Outcome 1
• The ability to apply knowledge, skills and competencies critically to solve problems relating
to some of the most important specific offences
Outcome 2
• The ability to demonstrate a clear understanding of the elements of specific offences,
through the application to factual scenarios of their underlying principles.
Outcome 1
• Legal problems and issues relating to specific offences are identified in simulated factual
scenarios.
• A sound understanding of concepts, rules, established principles and elements relating to
specific offences is demonstrated.
• Legal material related to criminal law is critically analysed and synthesized.
• Views expressed in the text are reflected on, evaluated and debated critically.
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Outcome 2
• Problems relating to criminal law are solved using the correct legal principles.
• Legal text is skilfully used to substantiate arguments and support solutions for specific
criminal law issues.
You must ensure that your assignments meet the above outcomes and assessment criteria. The
assessor will then be in a better position to determine whether you have achieved the necessary
skills, knowledge and insight regarding the study material.
You must log into the module site on myUnisa in order to access the following:
• the due dates for assignments
• the actual assignments that must be completed
• how to submit your assignments
• the weighting of the different assessments
• admission to the exam
• the examination.
All information on when and where to submit your assignments will be made available to you via
the myUnisa site for your module.
Examination information and details on the format of the examination will be made available to
you online via the myUnisa site. Look out for information that will be shared with you by your
lecturer and e-tutors (where relevant) and for communication from the University.
10 ACADEMIC DISHONESTY
10.1 Plagiarism
Plagiarism is the act of taking the words, ideas and thoughts of others and presenting them as
your own. It is a form of theft which involves several dishonest academic activities, such as the
following:
• Cutting and pasting from any source without acknowledging the source.
• Not including or using incorrect references.
• Paraphrasing without acknowledging the original source of the information.
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10.2 Cheating
10.3 More information about plagiarism can be downloaded on the link below
https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Student-values-and-rules
The Advocacy and Resource Centre for Student with Disabilities (ARCSWiD) provides an
opportunity for staff to interact with new and returning students with disabilities.
If you are a student with a disability and would like additional support or need additional time for
assessments, you are invited to contact the university by sending an email to
examdisabled@unisa.ac.za, so that you can be assisted. In your email include the name of the
module(s) that you are currently registered for.
We receive many calls and emails from students asking the same questions over and over
again. We have therefore decided to include the answers to these frequently asked questions
in this tutorial letter. You may also find FAQs online on the CRW2601 site on myUnisa. the
Please read the FAQs first before making an unnecessary telephone call or email about the
following questions:
Yes, there are three assignments. The first assignment is compulsory, which means
you must submit it in order to obtain admission to the examination. The second
assignment is also compulsory, and counts towards your semester mark. The third
assignment is the self-evaluation assignment, and must not be submitted.
2. What do I do if I experience problems with the contents of the tutorial material for
CRW2601?
Please do not hesitate to contact one of your CRW2601 lecturers. You can phone any of
the lecturers, make an appointment to come and see us personally, write a letter or
send an e-mail.
3. Do I have to study the contents of the statutes and the court cases that are given in
the CRW2601 study guide?
Yes, but only as they are discussed in the study guide and the prescribed textbooks.
However, if it is indicated in this letter (see 6.3 above) or in the study guide (open-
book icon, see point 5 “Method of Study” in Introduction chapter) that you must read
a court case in the Case Law Reader, then you must also study the case directly from
the Reader.
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4. I have not yet received a study guide or tutorial letter. Can you send me a copy of
the study guide/tutorial letter?
No, unfortunately we do not keep the tutorial material in our offices. All material for
this course is available online on the CRW2601 site on myUnisa. Please look under
“Official Study Material”, “Additional Resources”, and “Announcements”. If you did not
receive a hard copy of the Study Guide or Case Law Reader, please send an e-mail to
Despatch at despatch@unisa.ac.za.
Unisa is a university which offers distance learning, and is not a residential university.
Therefore, we do not offer classes to our students on a daily basis. However, we do offer
tutorial classes on a weekly basis at Unisa Learning Centres throughout the country. Do
yourself a favour and find out more about these tutorial classes!
Yes, there are group discussion classes which are conducted by the lecturers.
Information regarding dates, times and venues will be provided in Tutorial Letter 102. This
information will also be timeously communicated on the “Announcements” forum on the
module’s myUnisa site.
All students who submitted the first compulsory assignment in time (before or on
the closing date), will automatically receive admission to the examination,
regardless of the marks obtained for the assignment.
Students, who have not submitted the first compulsory assignment in time, will not receive
admission to the examination.
8. What is the so-called “semester mark”, “examination mark” and “final mark”?
The “semester mark” is the mark that comprises your two compulsory assignments. The
semester mark will be weighted 40% towards the final mark for the module. The
“examination mark” is the mark you obtain from the examination paper alone. It will be
weighted 60% towards the final mark for the module. The “final mark” is the mark that
comprises your semester mark and examination mark combined.
Previous examination papers are made available to students on myUnisa under the
“Official study material” link. Memoranda are not provided to students!
Sorry, we do not have this information yet. The university will inform you of the relevant
date and time in due course.
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On the day that the examination results are released, you will find the results
(a) on notice boards at the main campus in Pretoria, as well as the regional
offices/learning centres
(b) on the Internet at http://www.unisa.ac.za
(c) by calling the toll free number of the MTN Voice Response System: 083 1234
Consult the information on the back of your official results sheet, which you will receive in
the post, for the different options to pursue if you are not satisfied with your results. Also
consult the brochure Study @ Unisa which you received as part of your study package.
You will find all the information on the remarking or rechecking of examination scripts on
the back of the official results sheet that you will receive in the post. You will also find
the information in the brochure Study @ Unisa which you received as part of your study
package.
15. I have passed CRW2601. For which modules do I have to register now?
13 IN CLOSING
Please note that you can expect to receive a total of FOUR (4) tutorial letters this semester.
Your first tutorial letter (101) is this one received on registration. In addition, you will also receive
a second tutorial letter (102), which will contain information regarding amendments to your Study
Guide, as well as information on group discussion classes for the semester. A third tutorial letter
(201) will also be provided to you containing the answers and commentary regarding the first
compulsory assignment. The final tutorial letter (202) will provide the answers and commentary
on the second compulsory assignment.
Developments in the law which necessitate amendments to portions of the module content, and
any updates regarding the prescribed textbook, are usually included in the second tutorial letter
(102). However, in the event that need arises, such amendments may also necessitate provision
of a further tutorial letter.
Please note that you can also access these tutorial letters electronically on myUNISA
(http://my.unisa.ac.za) under the course code CRW2601 at the link “Official Study Material” or
“Additional Resources”. The “Announcements” forum will also be used to facilitate faster
communication about any developments and/or amendments abovementioned.
We look forward to working with you this semester and hope that you will enjoy this module.
Please feel free to contact your lecturers if you require any further assistance. All the best with
your studies!
Your lecturers
PROF N MOLLEMA
PROF T DEANE
ADV J KUMWENDA
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