UNIVERSITY OF FORT HARE

NELSON R. MANDELA SCHOOL OF LAW

(East London Campus)

Criminal Law A LCL 213 E

…………………………………………………………………………….......

Date: JUNE 2021

Subject: CRIMINAL LAW

Code: LCL213E

Marks: 50

This paper consists of 2 pages including the cover page

Internal examiner

Adv. V. Booysen
Dr. Shumba

GENERAL INSTRUCTIONS

1. Answer ALL questions.

2. Do not separate subsections of questions.
3. Pay careful attention to marks allocated.
4. Do not plagiarise

Page 1 of 2
Question 1

While committing an armed robbery of a neighbourhood jewellery store, Jonas shot

the owner, Mr Lee, and his wife Joyce, when they hesitated before handing over the
rings and bracelets in their display cabinets. Both Mr and Mrs Lee, who were in their
seventies, were shot in the stomach, and in addition, Mr Lee was shot in the leg. They
were taken to hospital. Though serious, the wounds were not immediately life
threatening. When Mrs Lee was operated on to repair the damage caused by the
bullet, she suffered an unexpected allergic reaction to the anaesthetic used to sedate
her, and she died. Mr Lee developed breathing difficulties during the operation, as a
result of which the hospital gave him a tracheotomy (a tube inserted into his windpipe
connected to a ventilator). Several weeks later Mr Lee’s gunshot wounds were healing,
however he continued to have breathing difficulty and died from complications arising
from the tracheotomy.

On trial for murder of Mr and Mrs Lee, Jonas argues that neither of their deaths came
about as a result of his actions, but rather as a result of medical negligence. Discuss,
with reference to the relevant case law.

(25)

Question 2

While out in Lagos Club, Sibusiso drinks liquor excessively and within an hour, he got
very aggressive. He fought with the barman and he was eventually expelled from the
club. He was so furious that he went to his room, which was just nearby, and returned
with a knife. Without saying a word, he stabbed a bouncer who tried to stop him from
going inside, and the bouncer died on the spot. Sibusiso is charged with murder, and
he approaches your firm for advice. Advise him accordingly on his prospects of
success out of the case, supporting your assertions with case law and applicable
legislation.
(12)

Question 3

X has been fighting with Y and he ran to his place, and Y chased him. X managed to
get his firearm and he shot Y as he was advancing on the hand. Y turned around and
ran for his life. X shot Y at the back as a result of that bullet he died instantly. You are
a prosecutor; how would you build your case to get a successful conviction against X?
(13)

[50]

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