I am glad to see some replies to this thread,, just excuse my spelling, my nerve endings in my left hemisphere is going to the wrong
places (PYC students knows exactly what ime talking about
anyway the idea is that you compare answers with mine and if you see any discrepancies then we discuss those
COMPULSORY ASSIGNMENT 01/2012 SEMESTER 1
Closing date: 12 MARCH 2012 UNIQUE NUMBER: 717391
(a) The application of the theory of general deterrence to punishment requires that there
must be a proportional relationship between the harm inflicted and the punishment
(b) The preventive theory can overlap with both the deterrent and the reformative
theories, since both deterrence and reformation may be seen merely as methods of
preventing the commission of crimes.
(c) When imposing punishment in practice, our courts do not apply any single theory as
the only correct one to the exclusion of others.
(1) All of the statements are correct. XXXXXXXXXXX
(2) Only statements (b) and (c) are correct. c
(3) Only statement (b) is correct. xxxxxxxxxx
(4) Only statement (a) is correct. XXXXXXXXXX
(5) Only statement (c) is correct. xxxxxxxxxx
(a) The principle of legality exists to ensure that an accused may not be convicted and
punished merely because a court is of the opinion that his or her conduct is immoral or
dangerous or because, in general terms, the person “deserves” to be punished.
(b) According to the ius strictum rule, crimes ought not to be formulated vaguely.
(c) In Francis 1994 (1) SACR 350 (C) the court held that the regulation in question did
create a criminal norm.
(1) None of the statements is correct. xxxxxxxxxxxx
(2) Only statements (a) and (c) are correct. xxxxxxxxxxxx
(3) Only statement (a) is correct. C
(4) Only statement (c) is correct. xxxxxxxxxxxx
(5) Only statements (b) and (c) are correct. xxxxxxxxxxxx
(a) A human being can be convicted and punished if he commits a crime through the
agency of an animal, for example where X urges his dog to bite Y.
(b) To determine whether X committed an “act” in the criminal-law sense of the word, the
question is merely whether the act was willed.
(c) The state, acting through the police, has a legal duty to protect its citizens against
(1) All of the statements are correct. xxxxxxxxx
(2) Only statement (c) is correct. xxxxxxxxx
(3) Only statements (a) and (c) are correct. c
(4) Only statement (b) is correct. xxxxxxxxx
(5) Only statements (b) and (c) are correct. xxxxxxxxx
(a) An act is a conditio sine qua non for a situation if the act cannot be thought away
without the situation disappearing at the same time.
(b) In Daniëls 1983 (3) SA 275 (A), the majority of the Appeal judges who considered the
question of causation refused to accept that an act can be the legal cause of a
situation only if it can be described as the “proximate cause”.
(c) In Tembani 2007 (1) SACR 355 (SCA), the court held that in South Africa improper
medical treatment was neither abnormal nor extraordinary, and could not constitute a
novus actus interveniens that exonerated an assailant from liability while the wound
was still intrinsically fatal.
(1) Only statements (a) and (c) are correct. xxxxxxxxxx
(2) Only statement (c) is correct.
(3) All of the statements are correct. xxxxxxxxxx
(4) Only statements (b) and (c) are correct.
(5) Only statement (b) is correct. xxxxxxxxxx
(a) Unlawfulness can simply be defined as “the absence of a recognised ground of
(b) X can successfully rely on private defence even if his defensive act is directed at the
conduct of a mentally ill person or a young child.
(c) In Ex parte die Minister van Justisie: in re S v Van Wyk 1967 (1) SA 488 (A), the
majority of the judges found on the specific facts of the case that the accused had
exceeded the bounds of private defence in the manner in which he had defended his
(1) Only statements (b) and (c) are correct.
(2) Only statement (b) is correct.
(3) None of the statements are correct.
(4) Only statement (c) is correct.
(5) Only statements (a) and (b) are correct.