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CRW2602-26-EX10
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Sipho and Lerato have been in a relationship for several years. One evening, Lerato is involved in a hit-and-run accident in which a pedestrian is seriously injured. Panicked and afraid of being arrested, Lerato calls Sipho and tells him what happened. Sipho rushes to the scene, instructs Lerato to leave immediately, and later wipes the vehicle clean of fingerprints and disposes of the damaged number plate to prevent the police from tracing the car back to her. The police later discover Sipho’s actions. Which of the following best describes Sipho’s criminal liability?
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X entices an unmarried female minor, Y, to leave her parental home in order to make Y available for the purpose of engaging in indiscriminate sexual intercourse. Y consents to leave her parental home in return for remuneration from X.
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Thabo, a 34-year-old gangster, seeks to join a criminal group. As part of his initiation, he is instructed by senior members to force another individual to commit rape. Thabo compels Sipho, under threat of serious harm, to sexually penetrate a 24-year-old man without his consent. Thabo is charged under section 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, which deals with compelled rape. The State also considers whether Sipho can be held criminally liable. Which of the following best reflects the correct legal position in South African law?
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X suffers from a severe illness which makes it impossible for him to submit an assignment timeously. X therefore goes to the consulting room of Y, a medical practitioner, and steals a page from Y’s notebook which Y uses to issue prescriptions to patients. X then writes a note on the page which states that he (X) suffers from a severe illness and should be granted an extension to submit his assignment. X then signs Y’s name at the bottom of the page. X thereafter hands this note to Z and asks Z to deliver this note to X’s lecturer. Z does this, well knowing that X himself wrote the note and not Y, the medical practitioner.
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Thabo asks his wife, Sophy, to keep a sealed package in their home while he is away on a business trip. Sophy is aware that the package contains illegal drugs but agrees to store it in a locked cupboard. She does not intend to use or sell the drugs and considers herself merely to be assisting her husband. Police later searched the house, discovered the drugs, and charged Sophy with unlawful possession under the Drugs and Drug Trafficking Act 140 of 1992. Is Sophy guilty of anything?
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Mr Khumalo is a municipal official responsible for issuing trading licences. Ms Naidoo applies for a licence and fully complies with all legal requirements, making her entitled to its approval. Mr Khumalo informs her that, unless she pays him R20 000, he will deliberately delay processing her application for several months, which would cause her significant financial loss. Fearing the negative consequences of such a delay, Ms Naidoo pays the amount. Could Mr Khumalo’s actions be construed as unlawful and if so, for what?
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X is driving a huge truck down the road when he sees his enemy, Y, walking next to the road. When X sees Y, X deliberately swerves towards Y in an attempt to run Y over. Luckily for Y, he jumps out of harm’s way just in time and the truck misses him.
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X works as a security guard at an expensive jewellery store called “Millionaire’s Playground”. X decides to steal a diamond ring to sell privately. X takes the diamond ring from the display cabinet, deliberately drops it to the floor and hides it underneath a carpet in the store. X intends to retrieve the ring and to put it in his pocket before he goes home for the day. Before X can retrieve the ring and take it home, it is discovered by a cleaner underneath the carpet and returned to the display cabinet where it gets locked up safely.
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Thomas is employed as a driver by a known gang leader, Mr Mokoena. Mr Mokoena gives Thomas a firearm and instructs him to carry it at all times for protection and to use it if necessary when accompanying him. Thomas knows that the firearm is unlicensed and belongs to Mr Mokoena. On several occasions, Thomas carries the firearm in his jacket and, during an altercation, fires it to intimidate others. Thomas is later arrested and charged with the unlawful possession of a firearm in terms of the Firearms Control Act 60 of 2000. Which of the following best reflects the correct legal position in South African law?
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A group called All of Us plans and carries out an attack on a government office by detonating an explosive device at night. Although no one is killed, significant damage is caused to the building. The group states that the purpose of the attack was to intimidate the public and force the government to change its policies on land reform. Which of the following is the most accurate legal position in terms of the Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004?
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