23 2023

MODULE NAME: MODULE CODE:

GENERAL PRINCIPLES OF CRIMINAL LAW GPCL6211
CRIMINAL LAW CLAW020

ASSESSMENT TYPE: TAKE-HOME TEST 2 (PAPER ONLY)

TOTAL MARK ALLOCATION: 60 MARKS
TOTAL TIME: 21 HOURS (midnight to 9PM on the same day) to submit.
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
student portal.

INSTRUCTIONS:
1. Please adhere to all instructions. These instructions are different from what is normally
present, so take time to go through these carefully.
2. Independent work is required. Students are not allowed to work together on this
assessment. 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
submission 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,
Module Code and Page 1; (for each page in the event that you are scanning
photographs 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, student number and module code at the top or bottom of your pages.
• Once you have completed the assessment, upload your document under the
submission 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
bibliography 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 Markers are required to provide feedback to students by
sources is a fundamental educational principle and the indicating (circling/underlining) the information that best
cornerstone of high-quality academic work. Hence, The IIE describes the student’s work.
considers it essential to develop the referencing skills of our Minor technical referencing errors: 5% deduction from the
students in our commitment to achieve high academic standards. overall percentage – the student’s work contains five or more
Part of achieving these high standards is referencing in a way that errors listed in the minor error’s column in the table below.
is consistent, technically correct, and congruent. This is not Major technical referencing errors: 10% deduction from the
plagiarism, which is handled differently. overall percentage – the student’s work contains five or more
Poor quality formatting in your referencing will result in a penalty errors listed in the major error’s column in the table below.
of 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, not 5% or 15%) is deducted from the overall percentage. The
however, that evidence of plagiarism in the form of copied or examples provided below are not exhaustive but are provided to
uncited work (not referenced), absent reference lists, or illustrate the error
exceptionally poor 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
Technically correct referencing referencing style referencing 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 • Poor and inconsistent referencing style used in
• The same referencing format consistent, 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 list.
references and in the referencing and/or in the bibliography. • Multiple formats for the same type of
bibliography/reference list. • For example, page numbers for direct referencing have been used.
quotes (footnote) have been provided for • For example, the format for direct quotes
one source, but not in another instance. (footnotes) and/or book chapters
Two book chapters (bibliography) have (bibliography/ reference list) are different
been referenced in the bibliography in two across multiple instances.
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
correct throughout the consistently used, but there are one or a reference is missing from small sections of the
submission. two errors. work.
• Concepts and ideas are typically • Position of the references: references are only
The correct referencing format referenced, but a reference is missing given at the beginning or end of large sections
for the module’s discipline has from one small section of the work. of work.
been used, i.e., either APA, OR • Position of the references: references are • For example, incorrect author information is
Harvard OR Law only given at the beginning or end of every provided, no year of publication is provided,
paragraph. quotation marks and/or page numbers for
Position of the reference: a • For example, the student has incorrectly direct quotes missing, page numbers are
reference is directly associated presented direct quotes (footnotes) provided for paraphrased material, the
with every concept or idea. and/or book chapters incorrect punctuation is used (footnote); the
(bibliography/reference list). bibliography/reference list is not in alphabetical
For example, quotation marks, order, the incorrect format for a book
page numbers, years, etc. are chapter/journal article is used, information is
applied correctly, sources in missing e.g. no place of publication had been
the bibliography/reference list provided (bibliography); repeated sources on
are correctly presented. the reference list.

Congruence between footnote Generally, congruence between the A lack of congruence between the footnote
referencing and bibliography/ footnote referencing and the bibliography/ referencing and the bibliography.
reference list reference list with one or two errors. • No relationship/several incongruencies
• There is largely a match between the between the footnote referencing and the
• All sources are accurately sources presented footnote and the bibliography/reference list.
reflected and are all accurately bibliography. • For example, sources are included in footnotes,
included in the bibliography/ • For example, a source appears in the text but not in the bibliography and vice versa, a link,
reference list. and/or footnotes, but not in the rather than the actual reference is provided in
bibliography/ reference list or vice versa. the bibliography.
In summary: the recording of In summary, at least 80% of the sources are In summary, at least 60% of the sources are
references is accurate and correctly reflected and included in a incorrectly reflected and/or not included in
complete. reference list. reference list.
Overall Feedback about the consistency, technical correctness and congruence between footnote referencing and bibliography:

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Question 1 (Marks: 40)

Jasmine suffers from narcolepsy. Narcolepsy is a sleeping disorder that causes people serious
fatigue during their day. Jasmine therefore finds it very difficult to stay awake for long periods of
time. In order to stay awake for as long as she can, Jasmine takes medication twice a day,
especially when she has to drive to visit clients as part of her job. As a result of taking medication,
Jasmine has not fallen asleep at her job, in her car or at home for the past year. The last time that
she fell asleep due to her condition was once in January 2021 and once in October 2021.

One day, Jasmine is having a hectic day at the office when she receives a call from her manager.
Jasmine’s manager tells her that she needs to see a client within the next 30 minutes as the client
is seeking urgent assistance with an issue that she is having. Jasmine works out that this client
stays quite far from her office so she will literally have to “race” through to the client. Jasmine
therefore grabs the necessary documents that she needs and gets into her car in a rush, without
taking her narcolepsy medication. 15 minutes into her journey, Jasmine falls asleep at the wheel
of her car and crashes into another vehicle, severely injuring the four occupants of that vehicle.

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

Q.1.1 Discuss Jasmine’s possible criminal liability with reference to the case of R v (20)
Schoonwinkel 1953 (3) SA 136 (C).

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

Q.1.2 Assume for this question only that Jasmine’s narcolepsy is so severe, that she (20)
falls asleep no matter where she is after periods of 15 minutes at a time. This is
the case despite her taking a medication regularly. As a result of her condition
being so severe, Jasmine is not allowed to drive so she commutes to work with
friends who help her stay awake during the day. One day, Jasmine decides that
“she has had enough of relying on other people to take her places” and she
decides to take her mom’s car to work. 5 minutes into her journey, Jasmine falls
asleep at the wheel, and she collides with a pedestrian, Bathabile, and then
swerves into a wall. Bathabile has been injured severely and she later passes
away in a local hospital.

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Write a note about Jasmine’s criminal liability in this case with reference to the
concept of “antecedent liability”.

[NOTE: 15 marks are to be awarded for the content of your answer and five marks
are to be awarded for the skill that you use to answer this question.]

[NOTE: Your answers to Question one must not be more than three pages in length. Remember
that any additional writing that is more than three pages in length for this question will not be
marked by your lecturer.]

Question 2 (Marks: 20)

You are the magistrate in a criminal case involving Cameron. Cameron has been charged with
murdering his wife, Heather. On 2 March 2023, Cameron and Heather were having a heated
argument because Cameron came home late after a night out partying with his colleagues.
Cameron and Heather had several arguments previously but, in this argument, Cameron
completely lost his temper with Heather. While they were arguing in their kitchen, Cameron
grabbed a chef’s knife in a relentless rage, and he stabbed Heather multiple times in the back and
shoulders. Heather collapsed to the ground in a pool of blood and Cameron fell over and passed
out next to her. Having heard the commotion, a neighbour, Beryl, came running into their house
to see what had happened. Beryl finds Heather still alive but bleeding profusely. Beryl calls an
ambulance and Heather is rushed to a local hospital while Cameron is arrested by police. Had
Beryl not called the ambulance when she did, Heather would have passed away on her kitchen
floor because of the severe stab wounds that she had.

Heather is in the local hospital for two days before she eventually passes away from her wounds.
This is because the local hospital was only a small nearby day clinic that did not have sophisticated
life support equipment and medication to treat Heather’s wounds. In court, Cameron’s legal
representative tells you that Cameron can surely not be charged for murdering Heather because it
was the hospital that was negligent and not properly prepared to treat her. Therefore, the
hospital caused Heather’s death and not Cameron.

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In not more than two pages in length, discuss the nature of Cameron’s criminal liability based on
a charge of murder with reference to the case of S v Tembani 2007 (1) SACR 355 (SCA).

[NOTE: Your answer to Question two must not be more than two pages in length. Remember that
any additional writing that is more than two pages in length for this question will not be marked
by your lecturer.]

END OF PAPER

© The Independent Institute of Education (Pty) Ltd 2023

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