RHODES UNIVERSITY FACULTY OF LAW EXAMINATIONS: NOVEMBER 2012 CRIMINAL LAW B (LLB) External Examiner: Internal Examiner: Prof

SV Hoctor Ms A Haller-Barker Marks: 70 Duration: 2 hours

ANSWER ANY TWO QUESTIONS

Question 1 (a) Sam Gaza is a senior police official. Whilst on a routine patrol one night he mistakenly shoots an unarmed citizen, killing him. Upon realising his terrible mistake, Sam tries to conceal his actions. He returns the rifle used to shoot the victim to the police station, and instead books out a different rifle. Sam then directs the officer in charge of the firearm register at the police station to remove his initial entry, and to rewrite it to indicate that the second rifle checked out by Sam was the one that he had initially taken. Sam sends the second rifle for ballistic tests. Together, the entry in the firearm register and the results of the ballistic tests indicate that Sam was not responsible for the death of the deceased. What crime has Sam committed in concealing his actions in this manner? In the course of your answer set out the requirements for the crime and make reference to relevant case law. (20) (b) Write a note on the crime of contempt of court ex facie curiae in relation to the publication of information regarding a pending case. In the course of your answer please discuss the test for determining when publication will be unlawful, set out in the case of Midi Television v DPP (WC) 2007 (2) SACR 493 (SCA). (15) [35]

Criminal Law B November 2012

Page 1 of 3

Question 2 (a) With reference to case law, compare and contrast the crimes of (i) driving under the influence of alcohol or drugs and (ii) driving with an excessive concentration of alcohol in the blood, under the National Road Traffic Act 93 of 1996. (20) Zinzi has been using an internet dating site for the past year. Six months ago she met Ben on the site. The two found that they had a great deal in common and soon began communicating exclusively with each other. They would chat online for hours, and soon began talking on the phone as well. In this way they came to know each other extremely well. However, the two had never exchanged photographs and had never spoken of meeting in person. One day Ben left his computer on when he went on an overnight business trip. His brother, Jon, who shared an apartment with him, began reading the communications that Ben had been having with Zinzi. Jon, pretending to be Ben, wrote to Zinzi saying that it was time they swopped photos, and that they should meet in person. Zinzi agreed. She sent a photo, and Jon sent one (of himself) back to her. They agreed to meet the following day at a nearby hotel. Zinzi was excited finally to be meeting her online boyfriend. At the hotel, Jon (posing as his brother Ben) and Zinzi have lunch together, and then book into a room, where they have consensual sexual intercourse. Later that day, when Zinzi is back at home, Ben phones her, saying that he has returned home and found Jons messages on his computer. Zinzi realises that it was not Ben that she had intercourse with. She is horrified. She immediately goes to the Police and lays a charge of rape against Jon. With reference to authority, and with a detailed analysis of the relevant provisions of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, discuss the likelihood of Jon being found guilty of rape. (15) [35]

(b)

Criminal Law B November 2012

Page 2 of 3

Question 3 (a) Gys and his girlfriend, Anni, are driving home one day with 10kg of dagga (cannabis) in the boot of Gyss car. Gys is a local drug dealer, and knows that the drugs are there. Anni is unaware that Gys is a drug dealer, and does not know that the drugs are in the car. Upon arriving home, Gys and Anni encounter Frans, a client of Gyss, outside the house. Frans is angry that Gys has not been able to supply him with a certain quantity of dagga that he ordered the previous week. Before Gys can explain to Frans what has happened, Frans draws a firearm, and points it in the direction of Gys, who screams in fear. He then aims the firearm at Anni and shoots her in the shoulder. She falls to the ground bleeding. Gys runs back to his vehicle and drives off. Frans then decides that he needs compensation in some form for the drugs that he has not received. He notices that Annis expensive gold bracelet has fallen to the ground, and takes it for himself. Frans then shoots the lock off the front door of Gys and Annis home, and searches the house for money. Finding none, Frans takes a cellular phone that is lying on a table in the hallway, and leaves. Frans is later apprehended by the police. Gys, while driving in his vehicle, still with 10kg of dagga in the boot, is also apprehended by the police. Anni survives. What offences could (i) Gys and (ii) Frans be charged with, relating to the events of the day in question. Please provide reasons for your answers and make full reference to relevant authority. [35] END OF THE EXAMINATION PAPER

Criminal Law B November 2012

Page 3 of 3