CRW2602 ASSIGNMENT 2

SEMESTER 2 2022 (ALL ANSWERS/

SOLUTIONS)

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CRW2602
ASSIGNMENT 2
SEMESTER 2 OF 2022
BY ARIA
THE LAW TUTOR

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QUESTION 1

X insults Y over the telephone but Y does not understand the language X
speaks and therefore does not feel humiliated:

1. X commits the crime of assault.

2. X commits the crime of criminal defamation.

3. X commits the crime of crimen iniuria.

4. X does not commit the crime of crimen iniuria.

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In instances of infringement of dignity (as opposed to infringement of privacy), Y must

● be aware of X's offending behaviour and

● feel degraded or humiliated by it.

QUESTION 2

For the crime of abduction:

1. The perpetrator must physically accompany the unmarried minor when he or she
leaves the parental home.

2. The perpetrator should have the intention of removing the unmarried minor
for a substantial period of time.

3. Forcible removal is a requirement.

4. The perpetrator must have the intention that he himself should have
intercourse with or marry the minor.

Meaning of Abduction: The person removed must be an unmarried minor, and the
abduction can occur with or without the consent of the minor. The intention must be
that the abductor, or someone else, marries or has sexual intercourse with the
minor.

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QUESTION 3

The following conduct does not constitute the crime of theft:

1. Embezzlement.

2. Removal of property.

3. Arrogation of possession.

4. Temporary use of a thing.

Considering the possible liability of an accused for the crime of theft (in any of its
forms, i.e. theft in the form of removal of property, embezzlement or arrogation
of possession)

QUESTION 4

For the crime of robbery:

1. Movable and immovable property can form the object of robbery.

2. The violence must precede the acquisition of the property.

3. The victim need not be physically incapacitated since mere threats of violence
suffice.

4. The acquisition of the property must precede the violence.

Robbery: Usually the violence or threats of violence precede the acquisition of the
property.

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QUESTION 5

X inserts his tennis racket through an open window of a residential house and,
in this way, gains control of Y’s handbag. X lifts Y’s handbag out of the window
with the intention of appropriating the handbag permanently.

1. X does not commit housebreaking with the intent to steal as there was no
entering into the building.

2. X does not commit housebreaking with the intent to steal as there was no
breaking into the building.

3. X will be guilty of housebreaking with the intent to steal and theft.

4. X does not commit housebreaking with the intent to steal as the house does not
qualify as a structure in respect of which this crime can be committed.

The entry is complete the moment X has inserted any part of his body, or any
instrument he is using for that purpose, into the opening, with the intention of
thereby exercising control over some of the contents of the building or structure
(Melville 1959 (3) SA 544 (E)).

QUESTION 6

For the crime of theft:

1. Res communes cannot be stolen.

2. There is no exception to the rule that one cannot steal one’s own property.

3. Res nullius can be stolen.

4. Immovable and movable property can be stolen.

Res nullius is not capable of forming part of commercial dealings and is

therefore not susceptible to theft.

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QUESTION 7

For the crime of fraud:

1. An intention to defraud is not required.

2. Prejudice must be proprietary in nature.

3. An intention to deceive is sufficient for a conviction.

4. The victim need not suffer actual prejudice.

Y or some other party may suffer actual or potential prejudice as a

result of X’s misrepresentation (Bougarde 1954 (2) SA 5 (C)).

QUESTION 8

The crime of arson:

1. Can be committed in respect of movable property only

2. Is a crime against life.

3. Is a crime against property.

4. Can be committed in respect of immovable property only.

The property must be corporeal and must be immovable.

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QUESTION 9

For the crime of criminal defamation:

1. The perpetrator must have intention as negligence does not suffice.

2. The defamatory allegation needs to come to the attention of the victim only.

3. Seriousness is an element of the crime.

4. The victim’s dignitas must be impaired.

There is no crime such as negligent defamation.

QUESTION 10

For the crime of malicious injury to property:

1. The original structure of the property must be changed.

2. The injury caused to the property must be permanent.

3. The property must be movable.

4. The property may be either movable or immovable.

The property must be corporeal and may be either movable or immovable.

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