PINNACLE OF PROFICIENCY

PROFESSIONAL GRADUATE DIPLOMA IN RISK AND SECURITY

MANAGEMENT

LEVEL 1

CRIMINAL LAW (RSM 103)

DATE: WEDNESDAY 30TH MAY 2018

TIME: 0900 – 1200 HOURS

INSTRUCTIONS TO CANDIDATE

1. This paper contains 1 Section with 6 Questions.

2. The question paper comprises of 4 printed pages.
3. Answer any FOUR questions.
4. All questions carry equal marks and the examination is marked out of a total of 100
marks.
5. DO NOT write your name on the answer sheets/booklet(s).
6. Write your STUDENT NUMBER on space provided on all answer sheets/booklet(s).
7. Start each question on a new page.
8. Indicate the questions attempted in the space provided on the front cover of the
answer booklet.
9. Candidates are not allowed to take into exam any course study materials.
10. Duration of the Examination: 3 HOURS.

N.B DO NOT TURN OVER THE QUESTION PAPER OR COMMENCE

WRITING UNTIL INSTRUCTED TO DO SO.

Page 1 of 4
QUESTION 1

In each of the following cases decide whether the decision is correct and justify your
explanation by relevant provisions of the Criminal Law (Codification And Reform)
Act [Chapter 9:23]:

a) Mr Deve intensely dislikes Mr Tembo. One day Mr Deve sees Mr Tembo going into
his shed and notices that he left the key to the lock on the outside. He rushes across to
the shed, slams the door shut and quickly locks the door. Mr Tembo shouts for Mr
Deve to open the door but Mr Deve refuses to do so. He tells Mr Tembo that he will
keep him locked up in his own shed to punish him for the wrongs he had done to him.
Two hours later he unlocks the door and lets Mr Tembo out. Mr Tembo reports the
matter to the police. Mr Deve is charged with kidnapping. The magistrate acquits him
of this charge, finding that the interference in liberty was insubstantial and that, in any
event, there had been no demand for payment of money for his release. (10 Marks)

b) Mr Benz has taken his car into the Kwikfixit Garage for repair. The garage has carried
out the repairs and the car is awaiting collection by Mr Benz. Mr Benz does not have
the money to pay for the repairs and pleads for the garage manager to release the
vehicle to him, telling him that he will pay the bill later. The garage manager refuses
to release the vehicle until the bill has been paid. That night Mr Benz goes to the
garage. He breaks open the garage door and drives away his car using his spare set of
keys. The garage reports the matter to the police. Mr Benz is charged with
housebreaking with intent to commit theft and theft. The magistrate acquits him,
finding that he had no intention to steal because the car was his own car. (5 Marks)

c) Mr Hapless is waiting at a bus stop for a bus. He puts his brief case down on the
ground. John Tsotsi sees the briefcase and grabs it and starts to run away carrying it.
Mr Hapless sees that John has taken his briefcase so runs after him to recover his
property. After a short chase he catches up with John. John pulls out a knife and stabs
Mr Hapless on the arm. He is then able to run away with the stolen property. John is
later apprehended and is charged with robbery. The magistrate acquits, finding that as
the violence occurred after the taking of the briefcase, it was not robbery. Instead he
finds him guilty of theft and assault with intent to do grievous bodily harm(10 Marks)
[25 MARKS]

QUESTION 2

a) Outline, compare and contrast the essential elements of Criminal Law system
and Civil Law system. (15 Marks)

b) With the advent of the new Constitution of Zimbabwe, identify and explain
FIVE provisions of the Constitution that have a bearing on the criminal justice
system in Zimbabwe. (10 Marks) [25 MARKS]

QUESTION 3

a) In the criminal justice system there are various stakeholders. List and explain the
functions and duties of SIX officials/officers important in a criminal trial.(15 Marks)

Page 2 of 4
b) Is it correct to say that the crime of rape is only committed when a man who is a
complete stranger to the victim has sexual intercourse with the woman without her
consent after using brutal physical force to overcome resistance of the victim? Explain
and justify with aid of provisions of the Criminal Law (Codification and Reform)
Act [Chapter 9:23] (10 Marks)

[25 MARKS]

QUESTION 4

With the aid of examples, statutory provisions and case law discuss in detail the
following :

a) Beyond reasonable doubt v Balance of probabilities (6 Marks)

b) Crimes of Omission v Crimes of Commission (6 Marks)
c) Mistake of Fact v Mistake of law (6 Marks)
d) Actus Rea v Mens Rea (7 Marks)
[25 MARKS]

QUESTION 5

a) Constance has been married to John Maphosa for the last six years. They have a
daughter, Purity, aged 11. For the first year of their marriage they were happily
married, but five years ago John lost his job and he started to drink heavily. After
drinking beer, John would come home and behave in a very brutal way towards
Constance. He would often viciously beat up Constance and on a number of
occasions Constance has had to receive medical treatment for the injuries inflicted
upon her by her husband. John would also frequently verbally abuse and humiliate
his wife. One night John comes home drunk. He is accompanied by his friend,
Dave Nyoni who has also been drinking heavily. John tells Dave that he can have
sexual relations with his daughter, Purity. Constance hears this and tells John that
she will not allow this. John responds by knocking Constance unconscious. He
then goes to Purity’s room and orders Purity to undress. When she refuses so,
John forcibly undresses and holds her down whilst Dave has sexual intercourse
with her. Dave then departs from the house and John goes to his bedroom and falls
asleep. Constance is horrified about what has happened to her daughter and to
herself. As the evening progresses she becomes more and more distressed and
angry. Eventually unable to restrain herself, she fetches a knife from the kitchen
and goes to the bedroom and plunges the knife into her husband’s chest, intending
to kill him. Immediately after doing this, she suffers remorse for what she has
done and calls for an ambulance. John is taken to hospital and the doctors are able
to save his life. What is the criminal liability of John Maphosa, Dave Nyoni and
Constance Maphosa? (15 Marks)

b) Three robbers, Smash, Grab and Mayhem, have agreed to rob a bank. They have
planned the robbery in minute detail and have procured firearms to use during the
robbery. On the day they plan to carry out the robbery, they are driving towards
the bank, when they are stopped at a police roadblock. The police find the
robbers’ weapons concealed in the vehicle and arrest the three men. Later during
interrogation Grab admits that at the time of their arrest they were on their way to
rob a nearby bank. What is the criminal liability of Smash, Grab and Mayhem?
(10 Marks)
[25 MARKS]

Page 3 of 4
QUESTION 6

With the aid of illustrative examples explain the following theories of punishment:
a) Deterrent (5 Marks)
b) Retributive (5 Marks)
c) Preventive (5 Marks)
d) Reformative (5 Marks)
e) Expiatory (5 Marks)
[25 MARKS]

***END OF QUESTION PAPER***

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