QUESTION 1 [25 Marks]

Write an essay in which you discuss the application of mens rea by the courts.

QUESTION 2 [25 Marks]

James has been watching a lot of crime stories on television and has seen a number of
episodes about the 'standing-your-ground law' in Florida, USA, which extends the
defence of property by the owner. His business premises has been burgled repeatedly,
and he decides to install a shotgun with a wire linked to the trigger in his shop. David
and Jonathan are juveniles and drug addicts, looking to get money for drugs, and they
break into the shop. David triggers the shot gun and is wounded, but Jonathan is hit in
the femoral artery and bleeds to death in the shop. The injured David runs into the
street to get help and is hit by a car, driven by Dr Amelia. David is unconscious and
seriously injured from the gun shot and the additional injuries caused by the car. She
rushes him to the nearby private hospital where she works. David is saved by the
emergency blood transfusion, but his parents are outraged because their religion forbids
the use of blood products, and they proceed with criminal charges against the doctor.
Things get worse when there are complications after the operation and David dies from
septicaemia. James and Amelia are arrested by Constable Mack and are released on
bail. Ironically, Mack and James play for opposing teams in the local soccer league, and
at the next match James is dribbling the ball when he is dangerously fouled by Mack,
trips and breaks his leg. Still angry about being arrested by Mack, James returns the
favour by laying a charge against the policeman.

Identify the crimes that have been committed here and assess the possible defences
available to the various accused.

QUESTION 3 [25 Marks]

Roux, Abel and Finch are gang members who have been contracted by Henry to have
his wife killed. Roux makes a map of the area and keeps watch to get an idea of the
schedule of the intended victim, and they agree that the crime would be committed the
next day. Abel and Finch cannot get hold of Roux on the morning. They go ahead with
the crime without him, shooting the victim and putting her body in their car. Because
they cannot find Roux, they drive to another friend's house, Bentley, and get him to help
them roll the body in a carpet and drop it in a river. On the way back the car breaks
down, and Abel, Finch and Bentley call Henry to come and tow the car back so that they
can clean it. Henry has forgotten his phone at his brother James's house and Abel and
Finch talks James into helping them because they are 'friends' of Henry. James is at first
unwilling but does come to fetch them and tow the car, when they explain that Henry
could be in serious trouble if he does not help them. While they are towing the car back
to Bentley's house, they are stopped by police, who are suspicious because some of
them are wearing stained clothing. In the boot of the broken car they find clear evidence
of blood, and they are all arrested. Police search the river and find the body. They
question William, a man they found fishing at the river, and arrest him, although he
denies seeing anything. Later William admits to the police that he saw people throw a
carpet into the river. The police check the cell phone records and also arrest Roux and
Henry. Bentley's wife, who has found out about an affair her husband had, tells the
police that Abel and Finch called Bentley earlier on that day when they could not get
hold of Roux, and that Bentley agreed to help them at that point. They all deny
responsibility for the murder.

Unless expressly stated otherwise, accept that the facts are as they are given here. You
are a state prosecutor. On what basis would you charge the above-mentioned people
(as a co-perpetrator, as an accomplice or as an accessory after the fact to the murder
on the mayor)? Provide a complete justification for your decision in which you evaluate
the relevant facts against the applicable legal principles.

QUESTION 4 [25 Marks]

A national power outage occurs on the 1st of June 2018 at 20:00, leaving most of the
country completely dark. Mr Beyoncé’s son, Blue Ivy, is a fitness enthusiast and takes a
certain vitamin supplement every evening at 20:30. Due to the fact that it is completely
dark and the Beyoncé household has no alternative means of lighting, Mr Beyoncé
mistakenly takes tablets from the incorrect container, which was placed right next to his
supplements on the kitchen counter. Shortly after Blue Ivy consumes these tablets, at
about 20:20, the electricity supply returns to the country. Mr Beyoncé immediately
notices that his container of ecstasy tablets has been opened. He sees several crumbs
of tablets next to the container and also that two tablets are missing. As no one else
was in the house at that time, he immediately comes to the conclusion that his son
mistakenly consumed the ecstasy tablets instead of his vitamin supplements. Without
much explanation, he rushes his son to the car. Mr Beyoncé becomes panicked about
the impact the drug might have on his fourteen-year-old son and speeds to the nearest
hospital, averaging 125 km/h during this trip. The doctor subsequently pumps Blue Ivy’s
stomach and indicates that Mr Beyoncé is fortunate that he brought his son in so quickly
as he developed serious heart palpitations and could have suffered a heart attack. Mr
Beyoncé is consequently charged with various traffic offences, but wants to challenge
these charges, feeling that his conduct can be excused due to this emergency.

You are Mr Beyoncé’s legal representative. Outline the ground of justification Mr

Beyoncé can rely on and discuss his prospects of success.

QUESTION 5 [25 Marks]

Rump is arrested on a charge of assault on Steak. You are the prosecutor in the case
and while working through the case docket you came across a statement made by
Rump wherein, he stated that he may have assaulted Steak, but could not remember.
He states further that he can't remember anything about the incident because he was
too drunk. Will you continue with the charge against Rump? Explain in full, with
reference to relevant legislation.

QUESTION 6 [25 Marks]

“A person shooting at a wooden doll with a water pistol is guilty of attempted murder, if
he believed he was using a real gun shooting at a real person”

Provide a critical comment on this statement from a South African criminal law
perspective.
QUESTION 7 [25 Marks]

"I am prepared to accept that an accused person should not be held criminally
responsible for an unlawful act where his failure to comprehend what he is doing is
attributable ... to a combination of drink and other facts such as provocation and severe
mental or emotional stress."

Diemont AJA, at 17F-H, in S v Van Vuuren 1983 (1) SA 12 AD [15]

Write an essay in which you provide a critical account of the development of the
defence of non-pathological incapacity and explain how it is currently applied.

QUESTION 8 [25 Marks]

Read the following set of facts: Professor Wicket decides to shoot and kill his colleague,
Professor Wang, one evening in his office. He knows that Professor Wang always works
late in the evenings after all the other colleagues have left and their faculty building is
empty. That particular day is no exception. Professor Wicket sneaks into the faculty
building with his briefcase in his hand. Inside his briefcase is his 9mm pistol. Once he is
inside his office, he takes out his pistol. Professor Wicket is standing with his back to his
office door while he takes the pistol out of his briefcase. His office door suddenly opens
and his colleague (Professor Zinn) comes in. Professor Wicket gets such a fright that he
swings around with the pistol in his hand. When Professor Zinn sees the pistol, she
asks him whether he was going to do what she thought he was going to do. Professor
Wicket simply says "Yes", after which she says with a smile: "It's about time! I'll keep
watch and get something to wrap his body in in the meantime". They then nodded their
heads to each other and with that Professor Wicket walked down the hallway to
Professor Wang’s office. The office door is closed. He knocks, enters the office and
shoots Professor Wang. Against this background, answer the questions that follow.

Unless expressly stated otherwise, accept that the facts are as they are given here. You
are a state prosecutor. Would you charge Professor Zinn as a co-perpetrator, or as an
accomplice or as an accessory after the fact to the murder on Professor Wang? Provide
a complete justification for your decision in which you evaluate the relevant facts against
the applicable legal principles.

QUESTION 9 [25 Marks]

The act or conduct which is the basis of a criminal prosecution must be “voluntary”. Give
a brief but comprehensive explanation of this requirement. Refer to relevant case law.

QUESTION 10 [25 Marks]

On the 20th of March 2018, a protest action takes place against the electricity crisis in
South Africa. The group consists of approximately 25 people and they demand the
attendance of the mayor at the town hall at 14:00 in order to hand over a letter setting
out their grievances. After waiting for two hours, the crowd reaches the limits of their
patience and they decide that they will march to the mayor’s private residence. The
mayor, who was busy gardening, is grabbed out of the blue by two men, Julius and
Caesar, and carried towards a river. They subsequently throw him in the river. The
mayor, who did not know how to swim, swiftly drowns and dies. Two other people,
Tristan and Isolde, subsequently chant songs and encourage Julius and Caesar to burn
down the mayor’s house. Julius and Caesar, feeling peer pressured, go into the house,
constructs a petrol bomb, but ultimately decides not to light the bomb.

Unless expressly stated otherwise, accept that the facts are as they are given here. You
are a state prosecutor. As what would you charge the above mentioned people with (as
a co-perpetrator, as an accomplice or as an accessory after the fact to the murder on
the mayor)? Provide a complete justification for your decision in which you evaluate the
relevant facts against the applicable legal principles.

QUESTION 11 [25 Marks]

One of the requirements for succeeding with a plea of private defence is that there must
be a reasonable relationship between the attack and the defensive act.

Discuss this requirement with reference to relevant case law.

QUESTION 12 [25 Marks]

X is a 20 year old whose father died of AIDS 3 years ago and is now staying with his
mother and the two siblings. Life is not easy and X also does odd jobs after school to
put food on the table. At the same time X is doing his final year at Buffalo City College
and he is determined not to give up his studies despite the stressful circumstances he is
finding himself in at home. One day, during an early morning computer lecture, a certain
Y opens the back door of the lecture venue, starts spraying pepper spray on students at
the back of the lecture venue and then tries to run away. X, who was sitting at the back
of the lecture venue, starts chasing after Y and X eventually catches him but Y starts
taunting X, telling him that he has AIDS and Y further spits in X’s face. This behaviour
infuriates X and he then grabs a pocket knife and stabs Y in his neck three times
thereby killing him instantly.

X is charged with the murder of Y and he approaches you for legal advice. You are
required to advise X on whether he can successfully raise the defence of non-
pathological incapacity based on provocation and emotional stress.

________________________________END_________________________________