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MODULE NAME: MODULE CODE:

SPECIFIC OFFENCES SPOF6212

ASSESSMENT TYPE: TAKE-HOME EXAMINATION (PAPER ONLY)

TOTAL MARK ALLOCATION: 120 MARKS
TOTAL TIME: This assessment should take you 2 Hours to complete, however
you have 21 Hours (midnight to 9PM on the same day) to submit.
This additional time has been allocated to allow for the down-
load, completion and upload of your submission.
By submitting this assessment, you acknowledge that you have read and understood all the rules
as per the terms in the registration contract, in particular the assignment and assessment rules in
The IIE Assessment Strategy and Policy (IIE009), the intellectual integrity and plagiarism rules in
the Intellectual Integrity Policy (IIE023), as well as any rules and regulations published in the stu-
dent portal.

INSTRUCTIONS:
1. Please adhere to all instructions. These instructions are different from what is normally pre-
sent, so take time to go through these carefully.
2. Independent work is required. Students are not allowed to work together on this assess-
ment. Any contraventions of this will be handled as per disciplinary procedures in The IIE
policy.
3. No material may be copied from original sources, even if referenced correctly, unless it is
a direct quote indicated with quotation marks.
4. All work must be adequately and correctly referenced and this must be done using the IIE
Legal Referencing Guidelines.
5. You should paraphrase the concepts (use your own words) that you are referencing, rather
than quoting directly.
6. Marks will be awarded for the quality of your paraphrasing.
7. This is an open-book assessment.
8. Your assessment may be handwritten or typed.
9. Answer all questions.
10. For typed assessments: ensure that you save a copy of your responses.
10.1. Complete your responses in an MS Word document.
10.2. The document name must be your name, student number and Module Code.
10.3. Once you have completed the assessment, upload your document under the submis-
sion link in the correct module in Learn.
11. If you are completing a hardcopy in your own handwriting:
• You need to complete your questions in your own handwriting on paper.
• Ensure that all your pages are numbered on the top right hand side of the page – e.g.
1 of 12.
• Please work neatly, write clearly and ensure that your questions are clearly numbered
in a coherent order so that you do not lose marks because your lecturer cannot read
your handwriting or cannot follow the orderly flow of your questions in the paper.

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• Either (i) Scan your pages OR (ii) photograph your pages. Ensure that the pages are in
the correct order.
• Label your photographs or scanned paper as follows: Name, Student Number, Mod-
ule Code and Page 1; (for each page in the event that you are scanning photo-
graphs or separate scanned pages. Where you scan the whole paper all at once,
you need only use this label once). It is also suggested that you write your name, stu-
dent number and module code at the top or bottom of your pages.
• Once you have completed the assessment, upload your document under the submis-
sion link in the correct module in Learn.
• When referencing according to the IIE Legal Referencing Guidelines in your own
handwriting, keep some space at the bottom of each page to write in your footnotes
as if you were inserting them using MS Word and remember to include a written bibli-
ography at the end of your paper.

Additional instructions:
• Dictionaries and calculators are allowed.
• Answer all questions.

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Referencing Rubric – IIE Legal Referencing Guidelines

Providing evidence based on valid and referenced academic sources Markers are required to provide feedback to students by indicating
is a fundamental educational principle and the cornerstone of high- (circling/underlining) the information that best describes the stu-
quality academic work. Hence, The IIE considers it essential to de- dent’s work.
velop the referencing skills of our students in our commitment to Minor technical referencing errors: 5% deduction from the over-
achieve high academic standards. Part of achieving these high all percentage – the student’s work contains five or more errors
standards is referencing in a way that is consistent, technically cor- listed in the minor errors column in the table below.
rect and congruent. This is not plagiarism, which is handled differ- Major technical referencing errors: 10% deduction from the over-
ently. all percentage – the student’s work contains five or more errors
Poor quality formatting in your referencing will result in a penalty of listed in the major errors column in the table below.
a maximum of ten percent being deducted from the percentage If both minor and major errors are indicated, then 10% only (and
awarded, according to the following guidelines. Please note, how- not 5% or 15%) is deducted from the overall percentage. The ex-
ever, that evidence of plagiarism in the form of copied or uncited amples provided below are not exhaustive but are provided to il-
work (not referenced), absent reference lists, or exceptionally poor lustrate the error
referencing, may result in action being taken in accordance with
The IIE’s Intellectual Integrity Policy (0023).
Required: Minor errors in technical correctness of Major errors in technical correctness of referencing
Technically correct referencing referencing style style
style Deduct 5% from overall percentage. Deduct 10% from the overall percentage.
Example: if the response receives 70%, Example: if the response receives 70%, deduct
deduct 5%. The final mark is 65%. 10%. The final mark is 60%.
Consistency Minor inconsistencies. Major inconsistencies.
• The referencing style is generally con- • Poor and inconsistent referencing style used in
• The same referencing format sistent, but there are one or two footnotes and/or in the bibliography/ reference
has been used for all footnote changes in the format of footnote refer- list.
references and in the bibliog- encing and/or in the bibliography. • Multiple formats for the same type of referencing
raphy/reference list. • For example, page numbers for direct have been used.
quotes (footnote) have been provided • For example, the format for direct quotes (foot-
for one source, but not in another in- notes) and/or book chapters (bibliography/ refer-
stance. Two book chapters (bibliog- ence list) are different across multiple instances.
raphy) have been referenced in the bib-
liography in two different formats.
Technical correctness Generally, technically correct with some Technically incorrect.
minor errors. • The referencing format is incorrect.
Referencing format is technically • The correct referencing format has been • Concepts and ideas are typically referenced, but a
correct throughout the submis- consistently used, but there are one or reference is missing from small sections of the
sion. two errors. work.
The correct referencing format • Concepts and ideas are typically refer- • Position of the references: references are only
for the module’s discipline has enced, but a reference is missing from given at the beginning or end of large sections of
been used, i.e., either APA, OR one small section of the work. work.
Harvard OR Law • Position of the references: references • For example, incorrect author information is pro-
Position of the reference: a refer- are only given at the beginning or end of vided, no year of publication is provided, quota-
ence is directly associated with every paragraph. tion marks and/or page numbers for direct quotes
every concept or idea. • For example, the student has incorrectly missing, page numbers are provided for para-
For example, quotation marks, presented direct quotes (footnotes) phrased material, the incorrect punctuation is
page numbers, years, etc. are and/or book chapters (bibliography/ref- used (footnote); the bibliography/reference list is
applied correctly, sources in erence list). not in alphabetical order, the incorrect format for
the bibliography/reference list a book chapter/journal article is used, information
are correctly presented. is missing e.g. no place of publication had been
provided (bibliography); repeated sources on the
reference list.
Congruence between footnote Generally, congruence between the foot- A lack of congruence between the footnote refer-
referencing and bibliography/ note referencing and the bibliography/ encing and the bibliography.
reference list reference list with one or two errors. • No relationship/several incongruencies between
• There is largely a match between the the footnote referencing and the bibliog-
• All sources are accurately re- sources presented footnote and the bib- raphy/reference list.
flected and are all accurately liography. • For example, sources are included in footnotes,
included in the bibliography/ • For example, a source appears in the but not in the bibliography and vice versa, a link,
reference list. text and/or footnotes, but not in the rather than the actual reference is provided in the
bibliography/ reference list or vice bibliography.
versa.
In summary: the recording of ref- In summary, at least 80% of the sources In summary, at least 60% of the sources are incor-
erences is accurate and complete. are correctly reflected and included in a rectly reflected and/or not included in reference list.
reference list.

Overall Feedback about the consistency, technical correctness and congruence between footnote referencing and bibliography:

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INSTRUCTION TO STUDENTS: Kindly take note of the page limits prescribed per question where
applicable. Any additional writing that is more than the page limits per question will not be
marked by your lecturer. You must be guided by the mark allocation per question in this regard.
Marks will not be awarded for irrelevant information or “waffling” given in answers.

Question 1 (Marks: 60)

Derrick, Donald and Dibuseng are watching a soccer match between the Westside Wanderers and
the City Giants. They are fans of “the Wanderers” and at halftime, the Wanderers are losing to “the
Giants” as they are known by their fans. Derrick, Donald and Dibuseng decide to refill their drinks
at halftime. While waiting for their drinks at the club bar, a Giants fan, Mikey, starts taunting Dibus-
eng about the fact that the Wanderers are losing. This upsets Derrick and Donald intensely. Derrick,
Donald and Dibuseng then incite one another to find Mikey after the match is finished and to “teach
him a lesson that he will never forget.” Once the match is over, the Wanderers have lost to the
Giants and all the Giants fans go to a local pub to celebrate while Mikey chooses to go home. When
Mikey gets to his car in the parking lot, Derrick, Donald and Dibuseng confront him. Dibuseng pushes
Mikey who then falls over, Derrick holds Mikey down and Donald proceeds to punch and kick Mikey
in the face, stomach and back. While Mikey is lying on the ground and he is semi-conscious, Dibus-
eng decides to set Mikey’s car on fire using matches and a canister of petrol that she took out of
her car. Once Dibuseng has set Mikey’s car alight, she runs away with Derrick and Donald following
her.

While Mikey is recovering in hospital, he explains to the police what Derrick, Donald and Dibuseng
did. They are later arrested while attending another soccer match. You are the judge in their matter
and you are required to consider several aspects related to the offences that they have committed.

In not more than four pages in length, answer the following questions:

Q.1.1 Assume for this question only that the legal representative for Dibuseng says the (12)
following in court concerning the doctrine of common purpose: “The common pur-
pose doctrine is completely unnecessary and unconstitutional. Criminal Law can do
without it”. Her reasoning behind this statement is that Dibuseng only pushed Mikey
over and she did not actively engage in physically assaulting him.

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Discuss whether you think Dibuseng’s legal representative is correct in making such
a statement with reference to the constitutionality of the doctrine of common pur-
pose as decided on in the case of Jacobs v S 2019 (1) SACR 623 (CC).

NOTE: 7 marks are to be awarded for your discussion and 5 marks are to be awarded
for the manner in which you structure your answer to this question.

Q.1.2 One of the charges faced by Derrick, Donald and Dibuseng is that of incitement in (18)
relation to what they did to Mikey.

Discuss the constitutionality of the statutory crime of incitement with reference to

the case of Economic Freedom Fighters and Another v Minister of Justice and Cor-
rectional Services and Another 2021 (1) SACR 387 (CC).

NOTE: 15 marks are to be awarded for your discussion and 3 marks are to be
awarded for the skill that you use to answer this question.

Q.1.3 During the criminal trial, Mikey testifies about the fear that he felt when Derrick, (20)
Donald and Dibuseng approached him in the parking area. He informs you that,
when Dibuseng pushed him, this immediately instilled fear in him that he was about
to be assaulted and he knew that he would endure harm from the three accused.
This relates to the charge of common assault that the three accused are facing in
these proceedings.

In relation to the “application of force” that is required for the crime of common
assault, analyse the form of assault that consists of “inspiring fear that force will be
applied” and what the test is for this form of assault.

Q.1.4 Assume for this question only that Dibuseng has been charged with arson in respect (10)
of setting Mikey’s car on fire.

Comment on whether Dibuseng has been charged with the wrong crime or not. If
she has been charged with the wrong crime, you are also required to explain what
crime she should in fact be charged with.

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NOTE: 8 marks are to be awarded for your comment and 2 marks are to be awarded
for the skill that you use to answer this question.

Question 2 (Marks: 60)

Q.2.1 You are the prosecutor in a matter concerning Simon. Simon is facing a charge of (15)
criminal defamation, after he allegedly defamed a colleague of his in a post on X.
Simon’s colleague, Tshepang, is of the view that Simon defamed her by posting on
X that she “flirted with the boss in a drunken state” at an office Christmas party that
happened one evening, when in fact, Tshepang does not consume alcohol at all be-
cause she takes medication for a rare lung condition that she has. In addition, no
one else even saw Tshepang near their boss that evening. Simon intends to defend
himself by saying that his post was not serious – he was just making fun of Tshepang
– so the charge of criminal defamation against him should be dropped because crim-
inal defamation is only prosecuted if it is serious.

With reference to the case of Hoho v S 2009 (1) SACR 276 (SCA), discuss in not more
than one page in length the correctness of Simon’s assertion in relation to whether
criminal defamation continues to be recognised as a crime in our law and whether
such defamation must be serious to constitute a crime.

NOTE: 10 marks are to be awarded for your discussion and 5 marks are to be
awarded for the skill that you use to answer this question.

Q.2.2 Chris is a convicted and registered sex offender who has been released from prison
on parole. One day while Chris is in a local park, he sees a seven-year-old girl, Jenny,
sitting alone on a see-saw while Jenny’s mother, Petra, is talking to a friend about
her plans for a charity event that is taking place on the weekend. Chris falls in love
right on the spot with Jenny and while Petra is not looking, he gently takes Jenny off
the see-saw, gags her mouth with a cloth and he carries her away from the park
without anyone hearing or seeing a thing. In his mind, Chris has “met his soulmate”
and he now intends to forcefully marry Jenny.

In not more than two pages in length, answer the following questions:

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Q.2.2.1 Contrast the crimes of kidnapping and abduction by identifying the most (10)
important points of difference between both crimes, as well as the inter-
ests that are protected from both crimes. As part of your answer, you must
indicate which one of these crimes Chris has committed based on the set
of facts above.
Q.2.2.2 Explain whether the forced marriage that Chris has in mind is in breach of (5)
any current legislation dealing with the trafficking in persons.
Q.2.2.3 Assume for this question only that Chris is a convicted kidnapper who has (10)
since become part of an international human trafficking syndicate. Petra
is alone in the park and Chris decides to kidnap her. Chris ambushes Petra
as she is leaving the park, knocks her out with chloroform and he takes
Petra back to his place where he keeps her locked up in a room in the
basement of his house. Petra is kept prisoner at Chris’ house for two weeks
before police raid Chris’ house based on a tip-off. Chris is arrested and
Petra is found alive but she is badly beaten and suffering from starvation.
Chris is charged with kidnapping and convicted of this offence in the high
court.

Provide any five factors that a court would need to consider where a per-
son has been convicted of an offence like kidnapping in terms of section
14 of the Prevention and Combating of Trafficking in Persons Act 7 of 2013.

[NOTE: 2 marks per factor are to be awarded.]

Q.2.3 Rosy is the Campus Head of Soaring Stars University. One morning while walking to
her office, Rosy happens to see a well-known lecturer, Tanya, and a student, Bran-
don, engaging in a very serious conversation. Rosy knows that Brandon is generally
a poor-performing student who always fails his assessments, never attends classes
and he is repeating Tanya’s module for a third time. To Rosy, it sounds like Brandon
is telling Tanya that he wants a distinction for Tanya’s module and he has something
to offer Tanya in return for this. Rosy then sees Brandon giving Tanya (disguised in a
suitcase) R 800 000 in cash. Upon receiving the money, Rosy hears Tanya say to
Brandon, “Consider yourself having a distinction for this module at the end of the

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semester. This ‘gift’ helps me with buying a new big house that I have always
wanted. See you around, Brandon.” Rosy does not report this transaction because
Tanya is a friend of Rosy’s mother, Audrey. Audrey and Tanya socialise frequently at
their local wine-tasting club so Rosy does not want to get Tanya into any trouble that
would cost Tanya her job.

In not more than one page in length, discuss the following:

Q.2.3.1 Whether Tanya and Brandon have committed the offence of corruption. (10)
In your answer, you are required to provide your reasons for why they
have committed the offence of corruption with regard to the specific sec-
tion and the current legislation that governs this offence in general.

NOTE: 8 marks are to be awarded for the correct content of your answer
and 2 marks are to be awarded for the skill that you use to answer this
question.

Q.2.3.2 The specific offence that Rosy may be guilty of with reference to section (10)
34 of the Prevention and Combating of Corrupt Activities Act 12 of 2004.

NOTE: 7 marks are to be awarded for the correct content of your answer
and 3 marks are to be awarded for the skill that you use to answer this
question.

END OF PAPER

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