RHODES UNIVERSITY

FACULTY OF LAW

EXAMINATIONS: NOVEMBER 2017

CRIMINAL LAW B
(LLB)

External Examiner: Prof SV Hoctor Marks: 70

Internal Examiner: Ms SEH Driver Duration: 2 hours

GENERAL INSTRUCTIONS TO CANDIDATES

___________________________________________________________________

1. ANSWER ANY TWO QUESTIONS.

2. A planning document is available to you on the back of this cover sheet. You
are entitled to detach and to write on this planning document during reading
time, and during the examination.

3. Time management is very important. You should determine how much time to
dedicate to each question by determining how many minutes per mark for the
whole paper (eg 120 minutes for 70 marks) and then multiplying that figure by
the amount of marks for each question.

4. It is in your interest to write legibly.

5. The Oxford Concise English dictionary may be used during this examination for
the purpose of looking up words that are not legal terms relevant to the course
content. Invigilators may ask you which word you wish to look up, to determine
whether the use of the dictionary is appropriate.

6. It is in your interest to read the ENTIRE question carefully before attempting to

answer any of the questions.

7. At the end of the examination, place all extra answer books inside the first
book. Make sure that you have filled in all the required information on the front
cover. This includes how many books you have handed in, what questions you
have answered, and the order in which they have been answered.

This study source was Law

Criminal B – November
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 PLANNING

This study source was Law

Criminal B – November
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 Question 1

(a) In South African law, two forms of contempt of court are criminalised:
contempt of court in facie curiae and contempt of court ex facie curiae. With
reference to relevant case law, write a comprehensive explanatory note on
these forms of contempt.
(20)

(b) Leslie applied for a teaching job with the Department of Education. As part of
the interview process, Leslie was required to write a three-hour test on
educational theory. Leslie was very worried that she would not pass the test
and she managed to persuade her friend, Zara, to write the test on her behalf.
Zara pretended to be Leslie and wrote the test, passing with flying colours.
When the CCTV footage of the test venue is audited a few weeks’ later, the
Department of Education discovers that Zara wrote the test on behalf of
Leslie.

Identify the offence(s) that Leslie and Zara may have committed and, with a
full explanation of the elements of the offences, discuss whether Leslie and
Zara are likely to be found guilty of the offence(s) to which you refer.

(15)

[35]

Question 2

(a) Your client, Odin, consults you. Odin has a 15-year-old daughter, Tabatha,
who recently became involved in a romantic relationship with a 17-year-old
boy at her school, Sam. Tabatha and Sam engaged in consensual sexual
intercourse and Tabatha has just discovered that she is six weeks’ pregnant.
Odin is furious. Odin’s view is that since Tabatha is only 15 years old, she is
not in a position to consent to sexual intercourse. Odin wants advice on two
issues: first, he wants to know whether it is possible to lay a criminal charge
against Sam, and second, he wants to know what options are available for
Tabatha to have a lawful abortion.

With reference to authority, fully advise Odin.

(20)

(b) Critically discuss the elements of the common-law crime of crimen iniuria,
using case law to illustrate your answer.
(15)

[35]

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 Question 3

(a) Abe and Bob are university students who reside in Xanadu residence at
Uhuru University. Being short of money, they decide to steal some of their
res-mates belongings and sell them at local second-hand shops. They know
that the Xanadu sub-warden, Jack, has a master-key that can open every
door in the residence and they decide to steal the key. One Friday evening,
when Jack is watching TV in the common room, he leaves his bunch of keys
in the adjoining kitchen. Abe steals the key from Jack’s bunch of keys. Later
that night, Abe and Bob enter 23 rooms in the residence with the key, and
they steal a vast quantity of clothing and electronic goods. When they return
to Abe’s room to look at their loot, they realise that they need to remove the
goods from the premises in case there is a search by Campus Security. They
phone up their friend Curtis, who lives in digs, and arrange to store the goods
at his digs until Monday when they can sell them. Abe and Bob manage to
remove the goods from Xanadu before the alarm is raised about the
widespread thefts.

The next day, Abe, Bob and Curtis are drinking in Friars. They have a loud
conversation, which is overheard by the barman, in which they discuss the
events of the previous night and their plans to sell the goods on Monday and
split the proceeds between them. The barman is alarmed and phones the
police. The police search Curtis’ digs and recover the goods. When the police
search Abe’s room, they find the key.

Write a full explanatory note in which you consider the crimes that the three
friends, Abe, Bob and Curtis, are likely to be charged with.
(20)

(b) Gina and her boyfriend, Conrad, are having difficulties in their relationship
when one day Gina arrives home to find Conrad in bed with her best friend,
Grace. In a fit of anger, Gina picks up an extension cord that is lying on the
floor and proceeds to assault Grace with it, before storming out of the
premises, never to return. Grace suffers gashes to the front and back of her
head, and she requires in excess of twenty stitches.

Fully discuss whether Gina has committed common assault or assault with
intent to commit grievous bodily harm.
(15)

[35]

END OF THE EXAMINATION PAPER

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