Question 1 (a) (b) (C) (d) An omission is punishable only if there is a legal duty upon X to act positively. (i) State in one sentence the general rule to determine whether there is a legal duty upon somebody to act positively. (1 ) (ii) In legal practice, a number of specic instances have been recognised as specic applications ofthe general rule. Name these instances and give an example of each. (8} X wants to murder his wife (Y) and marry his mistress, Z. Both X and Y are keen hikers. One weekend, X and Y go on a hiking trip in a remote area in Limpopo. At a high spot in the mountain, X pushes Y off a cliff. Believing that Y had died, X drives home and tells everybody that she had slipped and fell over the cliff. Rescue workers go to the site but do not nd Y's body in the place indicated by X. Two weeks later, they nd Y's body in a morgue in a nearby town. It appears that people from a nearby settlement found her in the mountain and took her to the nearest medical clinic. At the clinic, they treated her only for headache pain but did not conduct any tests to determine whether she had a serious head injury. After three days in the clinic Y loses consciousness and is taken by ambulance to the nearest hospital. Y dies the day after being hospitalised. The post-mortem investigation brings to light that Y had died as a result of bleeding in the brain. X is charged with murder. At the trial expert evidence is led to the effect that, although Y was mortally injured by the fall and the subsequent head injury, her life could have been saved had she timeously received adequate medical treatment. The crucial issue before the court is whether X's act of pushing Y over the cliff can be viewed as the cause of Y's death. Answer the following questions. (i) Can X's act be viewed as the factual cause of Y's death? In your answer, define the test for factual causation and apply it to the scenario. (3) (ii) Can X's act be viewed as the legal cause of Y's death? Discuss with reference to relevant case law. (6) Name the requirements for a valid plea of consent as a ground of justification (6) Discuss ONE of the following cases: (i) Steyn 2010 (1) SACR 411 (SCA) (ii) Thebus 2003 {2) SACR 319 (CC) (iii) Mtshfza 1970 (3) SA 747 (A) (6}