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RHODES UNIVERSITY FACULTY OF LAW EXAMINATIONS: NOVEMBER 2011 CRIMINAL LAW B (LLB) External Examiner: Internal Examiner: Prof

S V Hoctor Prof Emeritus I D Schfer Marks: 70 Duration: 2 hours

ANSWER ANY TWO QUESTIONS

Question 1 It has been stated that the two main categories of corruption that can be committed are: (a) (b) corruption by the giver who gives any gratification ; or corruption by the receiver who accepts such gratification,

in order to influence the receiver to conduct himself in a way which amounts to the unlawful exercise of any duties. Explain to a layperson the meaning of the underlined words above, and in the course of your answer briefly enumerate and identify at least 5 (five) examples of the specific crimes of corruption provided for by the Prevention and Combating of Corrupt Activities Act 12 of 2004, ss 4 to 14. [35] Question 2 In the case of S v Mayekiso and Others 1988(4) SA 738 (W) at 751D, Van der Walt J said:
I have come to the conclusion that violence, actual or contemplated, against the State is not a necessary element of the crime of treason in our law and has never been.

Later at 751H the learned judge said:


[V]iolence towards the State, either actual or contemplated [also] is not a necessary element in the crime of sedition.

Question 2 (continues overleaf)

Criminal Law B November 2011

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Discuss the above statements, distinguishing the crimes of treason and sedition, and in the course of your answer discuss whether or not you agree with the following concern expressed by Snyman Criminal Law 5ed (2008) at 317:
the vague, nebulous nature of certain aspects of the definition, [of treason] such as the rule that any conduct committed with the intent to threaten or endanger the independence or security of the state (by which is meant the Government) constitutes high treason[is disconcerting].

[35] Question 3 (a) Discuss the criminal liability of X in each of the following cases: i. X, a down-and-out homeless person, was wandering around the streets pondering over where his next meal was going to come from, when he noticed Y, an old female pensioner, clutching her purse, which contained only 5 cents. X came up behind her and snatched the purse out of her hand. When X realised that the purse only contained 5 cents, he returned the purse and the 5 cents to Y. (8) Shortly afterwards, X came upon Y, an old man walking in front of him. The top of a R50,00 note was sticking out of Y's back pocket. X then surreptitiously removed the R50,00 note without Y knowing. Y is immediately arrested by a policeman who was watching him. (7)

ii.

(b)

X was charged with contravening s 5(b) of the Drugs and Drug Trafficking Act 140 of 1992, in that he had been dealing in a dangerous dependence-producing substance when 950 kg of dagga had been found in the motor car that he was driving when stopped at the police road-block. In the indictment drawn up by the prosecutor reference was made to s 21 of the above Act (which deals with the presumption of dealing in drugs). In his plea to the charge X admitted, inter alia, that he was aware of the weight of the dagga that he was transporting, that he intended to sell the dagga, and that he was guilty as charged. In an alternative charge of possessing the aforesaid dagga, the indictment also referred to the presumption of possession created by s 20 of the above Act. The prosecutor accepted the plea on the main charge and X was convicted accordingly and, there being no previous convictions proved against him, was sentenced to 6 years imprisonment.

Question 3 (continues overleaf)

Criminal Law B November 2011

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i.

Discuss whether the prosecution was entitled to refer in the indictment to the presumption contained in ss 20 and 21 of the Act even though the prosecution did not intend to rely on those presumptions. In the course of your answer you are required to explain the meaning of possession of a "dependence-producing substance" and the possession of "any dangerous or undesirable dependence-producing substance" as defined by s 4 of the above Act. (You are not required to discuss the meaning of dealing.) (20) [35] END OF THE EXAMINATION PAPER

ii.

Criminal Law B November 2011

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