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CRW2601 TL 202 1 2024 B

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97 views4 pages

CRW2601 TL 202 1 2024 B

Uploaded by

jessekimza
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CRW2601/202/1/2024

Tutorial Letter 202/1/2024

General Principles of Criminal Law


CRW2601

Semester 1

Department of Criminal and Procedural Law

This tutorial letter contains important information about your module.

BARCODE
CRW2601/202/1/2024

FEEDBACK ON ASSIGNMENT 02

Dear Student
This tutorial letter contains the solutions to the second assignment for the
first module (CRW2601) that you had to complete by 25 April 2024.

PLEASE NOTE: The following abbreviations are used in the discussion that
follows:
SG - Study Guide for CRW2601
Criminal Law – CR Snyman Snyman’s Criminal Law 7 ed (2020) LexisNexis)
Reader – Criminal Law Reader for CRW2601

Question 1

Read the following facts then choose the correct option: X wants to kill Y. On his
way to Y’s home to kill him, X accidentally hits a person with his car, who dies.
On closer inspection, this person turns out to be Y:

Answer:

X will not be convicted of murdering Y as he had no culpability at the very moment


when the unlawful act was committed. See SG 9.7. See also SG 7.2.5.

Question 2

Read the following facts then choose the correct option below: X wants to kill Y.
He realises that Y is sitting behind a glass window. In order to shoot and kill Y he
will have to shoot Y through the window and damage the windowpane. He
nevertheless decides to act. X shatters the windowpane in the process of
shooting Y. What type of intention did X have with regard to the crime of damaging
the windowpane?

Answer:

Indirect intention. See SG 9.4.2 and EXAMPLE 1.

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CRW2601/202/1/2024

Question 3

Read the following facts then choose the correct option below: X disconnects
sections of a railway track in order to derail a train. He does not wish to kill anyone
because his immediate goal is to commit sabotage. He is nevertheless aware of
the possibility that people may die if the train is derailed and he reconciles himself
to this possibility. If X succeeds in derailing the train and people die, what type of
intention has X acted with in relation to the deaths of these people?

Answer:

dolus eventualis. See SG 9.4.3 and EXAMPLE 1.

Question 4

Read the following facts and then choose the correct option below: X and Z visit
a bar and consume a number of drinks. X is very intoxicated and starts to fight
with Y. X pulls out a knife and stabs Y in the heart, killing him. On a charge of
murder, X claims he was so intoxicated during the fight that he did not have the
intention to murder Y.

Answer:

X will be convicted of culpable homicide. See SG 12.6.

Question 5

If X’s mental illness was of a temporary nature in that X was only mentally ill
before and after the unlawful act was committed, X may:

Answer:

not plead the defence of mental illness. See Addendum B. See also SG 8.2.4.

Question 6

Read the following facts then choose the correct option below: X and Y decide to
rob a liquor store. X stands watch outside, while Y, armed with a gun, goes inside.
The store owner, Z, resists the robbery, and is shot by Y.

Answer:

Both X and Y will be guilty of murder as they acted with dolus eventualis in killing
Z. See SG 14.3.4.7.

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CRW2601/202/1/2024

Question 7

According to S v De Blom 1977 (3) SA 513 (A), the effect of a mistake of law is
the same as a mistake regarding a material fact and it excludes:

Answer:

intention. See Reader p. 105; SG 10.6.2.

Question 8

The appellant in De Oliveira 1993 (2) SACR 59 (A):

Answer:

did not succeed with his plea of putative self-defence. See Reader p. 110; SG
10.6.1

Question 9

In Lungile 1999 (2) SACR 597 (A), the three accused robbed a shop. A policeman
(X) entered upon the scene, and in a wild shoot-out, X shot and killed A, the
shopkeeper. On a charge of murder, the court decided that Lungile was:

Answer:

guilty as there was a causal link between his conduct and A’s death. See Reader
p. 114; SG 14.3.4.7.

Question 10

Read the following facts and then choose the correct option below: X, a prisoner
intending to escape from prison, breaks and bends the bars in the window of his
cell, but is apprehended by a warder before he can succeed in pushing his body
through the opening. X’s act constitutes:

Answer:

an interrupted attempt because X’s act is no longer merely preparatory but is an


act of execution. See SG 16.2.5.2.

This brings us to the end of this tutorial letter. Please do not hesitate to contact
us if you experience any problems with the study material.

Kind regards
Prof N Mollema
Ms CP Museka

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