Camri Schoultz
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UCT Criminal Law - First semester

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Camri Schoultz
Created by Camri Schoultz about 5 years ago
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Criminal Law

Question 1 of 21

1

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For Criminal liability to result, the prosecution (the state) must prove, , that the accused has committed (i) conduct which is (sometimes referred to as an ) and that this conduct was accompanied by (ii) and (iii) (sometimes referred to as ).

Explanation

Question 2 of 21

1

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To qualify as conduct of which the criminal law will take cognizance the conduct must be (a) that of a that was (b) . It may be (c) an or . In the case of crimes, there must be (d) . Finally the conduct must be (e) .

Explanation

Question 3 of 21

1

How many defences excluding unlawfulness are there in South African Criminal Law?

Select one of the following:

  • Six

  • Nine

  • Twelve

  • Fifteen

Explanation

Question 4 of 21

1

In order to prove criminal capacity, the state must prove that the accused had what at the time of the comission of the crime?

Select one of the following:

  • Cognitive function

  • Conative function

  • Both cognitive and conative function

Explanation

Question 5 of 21

1

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The defences excluding capacity are , , incapacity and non- incapacity.

Explanation

Question 6 of 21

1

In order to prove fault, the prosecution must be able to prove that the accused had acted intentionally OR negligently AND that the accused had knowledge of the unlawfulness of his/her actions.

Select one of the following:

  • True
  • False

Explanation

Question 7 of 21

1

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Intention is divided into four varieties: ( dolus indeterminatus, dolus indirectus, dolus eventualis, dolus directus ) (the aim and object of the accused ), ( dolus indirectus, dolus indeterminatus, dolus eventualis, dolus directus ) (the accused foresaw the reasonable possibility of that particular consequence occurring), ( dolus eventualis, dolus indeterminatus, dolus directus, dolus indirectus ) (the accused foresaw the remote possibility of the consequence occurring and accepted this possibility into the bargain) and ( dolus inderterminatus, dolus eventualis, dolus indirectus, dolus directus ) (where the accused did not have a particular object or person in mind, can take the form of the prior three dolus').

Explanation

Question 8 of 21

3

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A is someone who satisfies the definitional elements of a particular crime. An is someone who knowingly associates himself with the commission of the crime or who furthers the commission of the crime. All those who actively associate in the common purpose with the requisite guilty mind will be .

Explanation

Question 9 of 21

1

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is the and killing of another person.

Explanation

Question 10 of 21

1

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is the and negligent killing of another person.

Explanation

Question 11 of 21

1

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Assault is unlawfully and : (i) applying to the person of another; or (ii) inspiring a in that other that force is to be applied to him or her.

Explanation

Question 12 of 21

1

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Rape is the ( unlawful, lawful ), ( intentional, negligent ), ( non-consensual, consensual ) sexual penetration of another.

Explanation

Question 13 of 21

1

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is the unlawful and appropriation with intent to steal of a thing capable of being .

Explanation

Question 14 of 21

1

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( Robbery, Theft ) is the theft of ( property, a thing ) by ( intentionally, negligently ) using violence or threats of violence to induce submission to the taking of it from another.

Explanation

Question 15 of 21

1

Fraud is unlawfully making, with the intent to defraud, a misrepresentation that causes actual prejudice or which is potentially prejudicial to another.

Select one of the following:

  • True
  • False

Explanation

Question 16 of 21

1

Malicious damage to property is unlawfully and negligently damaging the property of another.

Select one of the following:

  • True
  • False

Explanation

Question 17 of 21

1

Arson is unlawfully setting an immovable structure on fire with intent to injure another.

Select one of the following:

  • True
  • False

Explanation

Question 18 of 21

1

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Housebreaking with intent to commit a crime is unlawfully and premises with to commit that crime.

Explanation

Question 19 of 21

1

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is the unlawful and commission by a number of people acting in of acts of sufficiently serious dimensions which are intended forcibly to the public peace or security or to the rights of others.

Explanation

Question 20 of 21

1

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is an overt act unlawfully committed by a person owing to a state with intent to , impair, violate, threaten or endanger the , independence or security of the state or to overthrow or coerce the government of the state or change the structure of the state.

Explanation

Question 21 of 21

1

Defeating or obstructing the course of justice is unlawfully doing an act that is intended to defeat or obstruct and which does defeat or obstruct the due administration of justice.

Select one of the following:

  • True
  • False

Explanation