Criminal Law: Specific Crimes (CRW2602)

Department of Criminal and Procedural Law(LLB)

Set of facts:

1.X is the leader of a new political party group which is running for election. Their major rival in the election is the Y party, who try to win favour with the public by distributing food parcels to encourage people to vote for them. X enlists members of his party to go to the shed where the parcels are kept, and to infect these food parcels with the Covid-19 virus. The Y party distributes the infected food parcels as part of their campaign without knowing that the parcels have been tampered with. Many people who consume the goods become very ill, and some of the elderly die as a result of this conduct. On recovery, these people vote for other parties instead of the Y party.

a)Discuss whether X will be liable for the crime of terrorism.

2 (a) If X plants a bugging device in Y's office to listen to Y's conversations without Y's consent, X may be convicted of crimen iniuria.

(b) In the crime of criminal defamation, the violation of a person's dignity and privacy is made punishable.

(1) None of the statements are correct.

(2) Only statement (a) is correct.

(3) Both statements (a) and (b) are correct.

(4) Only statement (b) is correct.

3 (a) In the crime of criminal defamation, the term "publication" means that the defamatory allegation must be in writing.

(b) In the case of common law abduction, it is not a requirement that the minor must be forcibly removed from the control of his or her parents or guardian.

(1) Both statements (a) and (b) are correct.

(2) None of the statements are correct.

(3) Only statement (a) is correct.

(4) Only statement (b) is correct.

4 (a) X can be convicted of kidnapping if he unlawfully and intentionally deprives Y of her freedom of movement by locking her up in her own office.

(b) A person can steal his own property.

(1) Only statement (a) is correct.

(2) Only statement (b) is correct.

(3) Both statements (a) and (b) are correct.

(4) None of the statements are correct.

5 (a) In the case of S v Nkosi 2012 (1) SACR 87 (GNP), it was held that the mere assumption of control over property which belongs to someone else is insufficient for the crime of attempted theft.

(b) In Ndebele 2012 (1) SACR 245 (GSJ), the court held that electricity cannot be stolen as it is merely a form of energy.

(1) Only statement (a) is correct.

(2) Only statement (b) is correct.

(3) Both statements (a) and (b) are correct.

(4) None of the statements are correct.

6 (a) In robbery there must be a causal link between the application of violence and the acquisition of the property.

(b) Robbery is committed where X steals a cell phone from Y's desk, and then uses force to retain the property.

(1) None of the statements are correct.

(2) Both statements (a) and (b) are correct.

(3) Only statement (a) is correct.

(4) Only statement (b) is correct.

7 (a) Robbery can be committed in two ways, namely either by the real application of actual violence or by threats of violence against the body of another in order to induce such other person to hand over property.

(b) The act of receiving required for the crime of receiving stolen property entails that X must actually touch the property.

(1) Only statement (a) is correct.

(2) Only statement (b) is correct.

(3) Both statements (a) and (b) are correct.

(4) None of the statements are correct.

8 (a) A person may only be convicted of fraud if it is proved that the person to whom he or she had made the misrepresentation was in fact misled by the misrepresentation.

(b) In the case of Heyne 1956 (3) SA 604 (A), it was decided that attempted fraud can be committed by X if the misrepresentation has not yet come to the attention of Y (the person against whom it is directed).

(1) Both statements (a) and (b) are correct.

(2) None of the statements are correct.

(3) Only statement (a) is correct.

(4) Only statement (b) is correct.

9 (a) The misrepresentation required for fraud may consist in either a positive act or an omission.

(b) Theft by false pretences always involves fraud.

(1) Only statement (a) is correct.

(2) Both statements (a) and (b) are correct.

(3) None of the statements are correct.

(4) Only statement (b) is correct.

10 (a) In order to be convicted of the crime of malicious injury to property, X must act with an evil or malicious motive.

(b) If X puts fire to his taxi, destroying it, in order to claim the value of his taxi from his insurance company, he is guilty of arson.

(1) Both statements (a) and (b) are correct.

(2) Only statement (b) is correct.

(3) Only statement (a) is correct.

(4) None of the statements are correct.

11 (a) If X breaks into a caravan with the intent to steal a television set and then afterwards set the caravan alight, he may be convicted of the crimes of housebreaking with intent to commit a crime and arson.

(b) In the crime of housebreaking with intent to commit a crime, it is a requirement that actual damage must be inflicted to the building or structure, or else X will only be convicted of attempted housebreaking with intent to commit a crime.

(1) Only statement (a) is correct.

(2) Both statements (a) and (b) are correct.

(3) Only statement (b) is correct.

(4) None of the statements are correct.

12 Set of facts

X, a 45-year-old male teacher at a school, is a gymnastics coach. Y, a 13-year-old girl, is one of his star gymnasts, and he accompanies her to a gymnastics competition in America. One evening, X invites Y to his hotel room for a therapy session in order to prepare her for the competition the following day. He invites her to lie down on the bed, and shows her a pornographic movie. He tells her that becoming sexually active will improve her flexibility, and that he will advance her gymnastics career if she allows him to touch her. Y, who has great admiration for her teacher, agrees to him fondling her breasts and kissing her. After returning home from the competition, Y tells her sister, Z, about her experience with X. Z, a 21-year-old, who had also been a pupil of X, starts crying and tells Y that when she was 16 years old, X had once taken her to a restaurant; bought her a whiskey and then, when she was very drunk, he sexually penetrated her in his car. Z also tells Y that she feels bad that she did not resist X.

Answer the following questions:

(a) Merely name all the possible offences with which X may be charged in respect of his conduct with Y and give a reason for your conclusion in each instance.

(b) Define the offence with which X may be charged in respect of his conduct with Z and give reasons for your conclusion.

13 (a) If X watches a woman, Y, while she undresses, but Y is unaware of being watched, X cannot be convicted of crimen iniuria.

(b) Criminal defamation always involves at least three parties or more.

(1) Only statement (a) is correct.

(2) None of the statements are correct.

(3) Only statement (b) is correct.

(4) Both statements (a) and (b) are correct.

14 (a) Criminal defamation is committed if X publishes defamatory comments about Y in a letter, personally hands it to Y and only Y opens the letter and reads it.

(b) In order to be convicted of common-law abduction, the prosecution must prove that X in fact married the minor or had sexual intercourse with her.

(1) Only statement (a) is correct.

(2) Both statements (a) and (b) are correct.

(3) Only statement (b) is correct.

(4) None of the statements are correct.

15 (a) If X takes Y away from her home and locks her up in a room in his house, demanding that a ransom be paid by her husband for her safe return, he may be convicted of kidnapping as well as attempted extortion.

(b) For the crime of theft, the requirement of an act of appropriation is satisfied once X exercises the rights of an owner in respect of the property.

(1) Only statement (a) is correct.

(2) Only statement (b) is correct.

(3) None of the statements are correct.

(4) Both statements (a) and (b) are correct.

16 (a) Where X eats Y's food without Y's consent (consumes the property of Y), he commits theft in the form of arrogation of possession.

(b) In Sibiya 1955 (4) SA 274 (A), the court held that theft of the use of property is no longer punishable as a form of theft.

(1) Only statement (a) is correct.

(2) Only statement (b) is correct.

(3) Both statements (a) and (b) are correct.

(4) None of the statements are correct.

17 (a) It is not possible to convict X of robbery unless the property was on the victim's person or in his/her presence.

(b) In Ex parte Minister of Justice: In re R v Gesa, R v De Jongh 1959 (1) SA 234 (A), it was held that acquisition of property by means of a threat of violence is sufficient for a conviction of robbery.

(1) None of the statements are correct.

(2) Both statements (a) and (b) are correct.

(3) Only statement (a) is correct.

(4) Only statement (b) is correct.

18 (a) X assaults Y. His intention, at that moment, is merely to assault Y. After having knocked him unconscious, X sees Y's watch, decides to take the watch and in fact does so. X can be convicted of robbery.

(b) Any person, who assists a thief by hiding property after he (the thief) has stolen such property, is not regarded as an accessory after the fact but as a co-perpetrator to the crime of theft.

(1) Only statement (a) is correct.

(2) Only statement (b) is correct.

(3) Both statements (a) and (b) are correct.

(4) None of the statements are correct.

19 (a) For a conviction of fraud, a causal link between the misrepresentation and the prejudice is not required.

(b) In Gardener and Another 2011 (1) SACR 570 (SCA), it was held that the intention to defraud can be assessed by various factors which include the appellant's deriving a clear benefit from the non-disclosure of material facts.

(1) Both statements (a) and (b) are correct.

(2) None of the statements are correct.

(3) Only statement (a) is correct.

(4) Only statement (b) is correct.

20 (a) The prejudice required for the crime of fraud must relate to money or something which can be converted into money.

(b) The crime of uttering is committed if the forgery is brought to the attention of someone else.

(1) Only statement (a) is correct.

(2) Both statements (a) and (b) are correct.

(3) None of the statements are correct.

(4) Only statement (b) is correct.

21 (a) Arson is merely a form of the crime malicious injury to property.

(b) If an immoveable, corporeal thing is set on fire unlawfully and intentionally, it amounts to arson.

(1) Both statements (a) and (b) are correct.

(2) Only statement (b) is correct.

(3) None of the statements are correct.

(4) Only statement (a) is correct.

22 (a) X can be found guilty of housebreaking if he breaks into a caravan which is used to store goods.

(b) Merely pushing open a door which has been closed, although not locked, and then walking into the house amounts to "breaking" for the purposes of the crime of housebreaking with intent to commit a crime.

(1) Only statement (a) is correct.

(2) Both statements (a) and (b) are correct.

(3) Only statement (b) is correct.

(4) None of the statements are correct

23 Set of Facts

Smokers United, a group of cigarette smokers, is very upset about the rising price of cigarettes. They decide to march to the office of the Minister of Finance to hand over a petition from smokers all over South Africa complaining about the rising price of cigarettes and the manner in which smokers are being treated since the new legislation on smoking came into operation. They do not have permission to march, but decide to continue nevertheless. The police request them to disperse in a peaceful manner but they refuse. Some of the protesters throw stones at the police and some try to enter the office of the Minister by breaking down the door. The police throw teargas at them and the protestors run away. The police succeed in arresting five of the protesters.

Can these five people be convicted of any crime? Explain in detail.

24 Set of facts

Y, a married woman who teaches at a university, has a love affair with one of her students; X. X is an amateur photographer in possession of photographs which depict Y in various positions while naked. Y decides to save her marriage and ends the affair. X is shattered and threatens to show the photographs to her husband unless she gives him the examination paper. Y agrees and gives X the examination paper.

Has X committed a crime? Explain in detail.

25 Set of facts

X, a horticulturist, is in serious financial trouble. Her friend, who regularly smokes cannabis, convinces her that there is a market for good quality cannabis. He also tells her that there is a movement towards the decriminalisation of the possession of cannabis. She decides to take her chances and grow and sell cannabis to solve her financial difficulties. It turns out that her cannabis is of an extremely high quality and that she would have to sell only one harvest to be financially solvent again. When the cannabis is harvested and ready for distribution, the police find 20kg cannabis in her garage while she is out looking for a buyer. Has X committed a crime

26 Set of facts

X is the treasurer of a golf club. Y pays his club fees, but X does not deposit the cheque into the club account. X is in financial difficulties and uses the cheque to pay his son's tuition fees. Has X committed a crime?

27 Set of facts

X, a well-known socialite, borrows a diamond brooch belonging to her friend Y to wear to a charity ball. At the ball, an impromptu raffle is held. X offers the brooch as a prize. She also buys a raffle ticket. Z wins the brooch. Y wants her brooch back but X tells her that Z won it in the raffle. Does X commit any crime?

28. Indicate whether the following statements with regard to fraud are correct or incorrect:

(a) The misrepresentation can be either express or implied.

(b) The misrepresentation may be made by a positive act only.

(c) If X misrepresents to her insurance company that her insured camera was stolen and the company reimburses her for the camera, the company will have suffered actual prejudice if the allegation that the camera had been stolen was false.

(d) "Likely to prejudice" does not mean that there should merely be a possibility of prejudice; it means that there must be a probability of prejudice.

(e) Prejudice must have been suffered by the representee only.

(f) Laying a false charge with, or making a false statement to the police is an example of the causing of non-patrimonial prejudice.