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HI please assist me with these exam questions Question 1 (Marks; (1.1.1 Identify any five (5) circumstances under which a court is bound, in terms
HI please assist me with these exam questions
Question 1 (Marks; (1.1.1 Identify any five (5) circumstances under which a court is bound, in terms of section (B 51 of the Criminal Procedure AmendmentAct 105 of 1997, to impose life imprisonment on a person convicted of murder. (1.1.2 Fred is a convicted and registered sex offender who has been released from prison on parole. One day while Fred is in a supermarket, he sees a six-year-old girl, Diana, sitting alone in a shopping trolley while Diana's mother, Beryl, is talking to a friend about her plans for the upcoming weekend. Fred falls in love right on the spot with Diana and while Beryl is not looking, he gently takes Diana out of the shopping trolley, gags her mouth with a handkerchief and carries her out of the supermarket without anyone hearing or seeing a thing. In his mind, Fred has "met his soulmate\" and he now intends to forcefully marry Diana. Answer the following questions: [1.1.2.1 Contrast the crimes of kidnapping and abduction by identifying the most 9 important points of difference between both crimes, as well as the interests that are protected from both crimes. As part of your answer, you must indicate which one of these crimes Fred has committed based on the set of facts above. (1.1.2.2 Explain whether the forced marriage that Fred has in mind is in breach of a any current legislation dealing with the trafficking in persons. (1.1.3 You are the prosecutor in a matter concerning Tommy. Tommy is facing a charge of m criminal defamation, after he allegedly defamed a colleague of his in a Facebook post. Tommy's colleague, Veronica, is of the view that Tommy defamed her by posting on Facebook that she "danced like a crazy drunken goat\" at their employer's year-end function last year, when in fact, Veronica does not consume alcohol at all for religious reasons. Tommy intends to defend himself by saying that his post was not serious he was just making fun of Veronica so the charge of criminal defamation against him should be dropped because criminal defamation is only With reference to the case of Hoho v S 2009 (1) SACR 276 (SCA), discuss the correctness of Tommy'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.(1.1.6 Explain how the court evaluated the notion that the doctrine of common purpose raises a constitutional issue with reference to the judgment of Zondo DCJ in Jacobs 1/ s 2019 (1) SACR 623 (CC). (1.1.7 Provide any two forms of attempt. Under each form of attempt, you are also required to indicate whether a subjective or objective approach to attempt is followed. uestion 2 Ma Marty, Mikey and Michelle are final year law students. They are too busy to study for the examination, so they agree to forcefully overpower their lecturer after class, and kill her, if necessary, in order to steal their lecturer's briefcase containing all the memoranda to the examination papers. After class, while the lecturer is gathering her belongings, Marty and Mikey grab the lecturer and hold the lecturer down while Michelle stands guard at the door. Marty punches the lecturer in her stomach and against her head. The lecturer faints and dies half an hour later due to a perforated small intestine as a result of the assault on her. Marty, Mikey and Michelle The Independent Institute of Education (Pty) Ltd 2022 Page 6 of 8 21; 22; 23 2022 all take the memoranda out of her briefcase and run off. Two hours later, Catherine, a cleaner, enters the lecture room, sees the lecturer's lifeless body on the floor, takes the body and shoves it into a cupboard in an attempt to help Marty, Mikey and Michelle evade liability for the murder. In the meantime, Mikey also gives a memorandum to his friend, Fabio. Fabio writes the examination for which he received the memorandum from Mikey and obtains 100% in the examination. Answer the following questions: (1.2.1 Fully discuss Michelle's criminal liability on a charge of murder with reference to the a! doctrine of common purpose and S v Safatso 1988(1) SA 868 (A). (1.2.2 Fully discuss Catherine's criminal liability on a charge of murder. ' (1.2.3 Fully discuss Fabio's criminal liability for the writing of the examination. ( (1.2.4 Assume that Catherine (the cleaner) arrived at the lecture room earlier, while the (Q) assault on the lecturer as described in the facts, was still in progress and, because of this, Marty, Mikey and Michelle abandoned their plan and ran off. Question 3 Identify the crime(s) that the person whose name is underlined and in boldface in each of the following factual examples can be convicted of. You only need to name the crime(s) and substantiate your answer briefly in each instance. Q.3.1 John places his hand on Sarah's breast without Sarah's consent. Q.3.2 Rashdeen reads the e-mails on Diveshnie's laptop without Diveshnie's consent. The Independent Institute of Education (Pty) Ltd 2022 Page 7 of 8 21; 22; 23 2022 Q.3.3 Lucy uses all of Ratile's perfume, which is in Lucy's house for safekeeping while 12 Ratile is away on holiday, without Ratile's consent. Q.3.4 Susan forces David to drink urine, which David then does against his wishes. Q.3.5 Bontle uses Jack's car for the weekend and returns it on Sunday evening without Jack's knowledge and consentStep by Step Solution
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