MAY/JUNE 2023 Read the following facts and then choose the correct option below: Suppose X wants to kill ¥. She shoots at Y, but the bullet is deflected by stone, misses ¥ and hits Z instead. This is an example of: fl 2) BI (4) error in subject. aberration ictus error in objecto. dolus eventualis Vicarious lability is possible only in fy I BI (4 Statutory crimes, Statutory defence. Statutory offence, None of the above Volenti non fit iniuria ( RI BI (al A mistake relating to the nature of the act. A mistake relating to the identity No wrongdoing is committed in respect of somebody who has consented, Presumed consent. Q) X's act Is the factual cause of Y's death if it Is a conditio sine qua non for Y's death, which means that there Is: fl RI BI (4 “but-for causation” or a “but-for” link between ¥’s act and Y's death, “but-for’ link between X's act and his state of mind at the time. a policy consideration which would make X the factual cause of Y's death @ policy consideration which would make X the legal cause of Y's death (2) Where a police official sees a person being unlawfully assaulted, and falls to assist the person, he may be liable for this omission on the basis of: (al (2) BI (4) a previous positive act, a protective relationship. the common law. holding a certain office. (2) Well-known grounds of justification include (a RI [3] (a private defence, right of chastisement and consent, private defence, necessity and consent necessity, official capacity and justification necessity, private defence and right of chastisement. (2)10 a 12 ‘A mental defect is usually present from an early age and is also of a [1] diseased nature. 2] permanent nature 3] indefinite nature. [4] fleeting nature. (2) Does the following offence comply with the principle of legality? Parliament enacts a new law which provides that itis a crime if person does not behave properly in public, [1] The offence complies with all the rules in the principle of legality [2] The offence does not comply with the principle of legality since it Is only a legal norm [3] The offence does not comply with the principle of legality because there Is no penalty attached. {4] The offence complies with the principle of legality as it contains a criminal sanction (2) The rule referred to as the “prohibition on retrospectivity” in the principle of legality, means that the conduct of the accused person [1] must be recognised as a crime after its commission, [2] does nat have to be recognised as a crime. [3] must be recognised as a crime in common law. [4] must have been recognised as a crime at the time of it commission, (2) Writers on criminal law use the word “act” in a wide sense to refer to: (1) positive acts 2] both an act and an omission, [3] active conduct [4] positive conduct Q) {An inquiry into X’s criminal liability always consists of firstly establishing whether the type of conduct forming the basis of the charge Is: [1] recognised as a crime in our law. [2] immoral or dangerous to society. [3] worthy of being punished as a crime in the opinion of the court. [4] an example of unlawful conduct. (2) According to the theory of adequate causation, an act will be a legal cause if, according to [1] the experience of the reasonable person, the act has a tendency to bring about that type of effect. [2] anormal human experience, the act has a tendency to bring about that type of effect [3] the experience of the reasonable person, the act has a tendency to bring about that type of effect. [4] the experience of a lawyer, the act has a tendency to bring about that type of effect,15 16 wv 18 19 One of the requirements for a valld plea of necessity Is that: [2] The emergency must be imminent, but must not already have begun or have already terminated. [2] The emergency must already have begun or be imminent, but must not have been terminated, or be expected only in the future. [3] The emergency must be imminent, or must be expected at some time in the future [4] The emergency must have terminat (2) In the case of materially defined crimes, the definitional elements proscribe any conduct: Select one: [1] that causes a specific condition, [2] that causes a specific type of link [3] that is accompanied by culpability [4] that is accompanied by unlawfulness. The question whether X acted intentionally or negligently arises only once it has been established that X had [2] criminal capacity [2] acted unlawfully. [3] committed a crime. [4] committed an act. In Moliri 2006 (2} SACR 8 (SCA), the Supreme Court of Appeal held that: [2] conduct by a member of a group of persons that differs from the conduct envisaged in their initial mandate to the other members. [2] for an accused to have a common purpose with others to commit murder, it is not necessary that his intentions directus, [3] the common law principle that requires mere “active association” instead of causation as a basis of liability in constitutional. [4] that the joiner-in could not be convicted of murder, but only of attempted murder Unlawfulness is usually determined [1] with reference to X's state of mind. [2] with reference to X's act or conduct. [3] without reference to x's state of mind, [4] with reference to the legality of X's conduct. In Director of Public Prosecutions, Western Cape v Prins 2012 9 SACR 183 (SCP), it was decided that a person [1] cannot be convicted of a statutory crime if there is no punishment attached to the crime. [2] cannot be convicted of a crime if there is no punishment attached to the crime. [3] can be convicted of a crime even if there is no punishment attached to the crime. [4] can be convicted of a common-law crime even if there is no punishment attached to the crime. The standard by which we test for negligence is generally referred to as:19 The standard by which we test for negligence is generally referred to: as: [1] a reasonable standard of subjectivity. [2] a subjective standard. [3] a reasonable person standard [4] aninternal standard Conduct can lead to lability only if itis [2] muscular voluntaries, [2] voluntary, [3] willed [4] a bodily movement. The requirement that X's conduct must be accompanied by culpability. Is satisfied it X has committed: [2] the unlawful act with a blameworthy state of mind. [2] anact that is recognised as a crime by the law. [3] anunlawful act or omission to act. [4] anact that complies with the principle of legality. If the defence of youth is successful, the court will find X not guilty and: [a] place X under the court's supervision. [2] acquit x, [3] place X under adult supervision. [4] acquit x, but charge »’s parents. One of the requirements of the ground of justification of obedience to orders is that the order: [2] can be unlawful but given with good intentions. [2] can be manifestly unlawful [3] must be lawful [4] can be lawful or unlawful When proving X's intention, factors involving general human experience, are an example of [1] objective proof of intention [2] reasonable proof of intention, [3] indirect proof of intention, [4] direct proof of intention. Persons such as police officials, solders and fire-fighters cannot rely on necessity as a ground of justification because they:[2] are aware of the dangers associated with their profession. [2] themselves are often responsible for the situation of emergency. [3] have a duty to protect innocent third parties or members of the public. [4] are legally compelled to endure the dangers inherent in the exercise of their profession. 26 In Masiya v Director of Public Prosecutions 2007 (2) SACR 435 (CC), the Constitutional Court held that: [1] a court maynot consider the constitutional of a common-law rule or change it [2] the courts have the major responsibility for law reform [3] a court maynot broaden the definition of the common-law crime of rape. [4] a court may extend a crime’s field of application, but not to the detriment of the accused. 27 The test for mental lines asa defence excluding criminal capacity has two aspects a [1] pathological aspect and a biological aspect. [2] biological or pathological aspect and a psychological aspect. [3] pathological aspect and a physiological aspect. [4] psychiatric aspect and a physical aspect, 28 The term aberratio ictus refers to: [1] a mistake. [2] anerror in law. [3] the going astray of the blow or bullet [4] the going astray of a person. 29 Read the following facts then choose the correct option: X obtains consent from ¥, a mentally-ill woman, to have sexual intercourse with her. [1] X can rely on consent as a ground of justification since he has complied with all the requirements of consent. [2] X cannat rely on consent as a ground of justification since ¥ is not endowed with minimum mental abilities, [3] X cannat rely on consent as a ground of justification since he should have obtained Y’s parent's consent first [4] X cannot rely on consent as a ground of justification since he should have obtained Y's consent in writing first. 30 Children under the age of seven years can: [a] be held criminally liable for their conduct. [2] never be held criminally liable for any conduct [3] sometimes be held criminally liable for their conduct [4] incertain instances be held criminally liable for their canduct. 31 Amental defect is usually present from an early age and is also of a [1] diseased nature. [2] permanent nature. [3] indefinite nature. (4] fleeting nature.