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CRW2602-26-EX10
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Kabelo, a 15-year-old boy, and Thandi, a 17-year-old girl, are in a romantic relationship. One afternoon, while alone together, they engage in sexual intercourse. Thandi later states that although she did not explicitly resist, she felt pressured by Kabelo’s persistence and believed she had little choice but to go along with it. Kabelo, on the other hand, maintains that Thandi participated willingly and that he believed she consented to the encounter. The State considers whether Kabelo can be charged with rape under the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. Can Kabelo be charged?
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In Mdau 2001 1 SACR 625 (T) the court held that:
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X is in desperate need of money and attempts to sell glass as diamonds to Y for the amount of R600 000.00. Unbeknown to X, Y happens to be an experienced jeweler and Y immediately realises that it is glass and not real diamonds.
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Hennie receives a genuine leather wallet for his birthday from his friend, Jaco. A week later Hennie learns that Jaco is actually struggling financially and that makes Hennie wonder how Jaco could afford the expensive birthday gift. Upon further investigation, Hennie discovers that the wallet was stolen by Jaco from a nearby shop. Hennie nevertheless decides to appropriate the wallet and keep it forever.
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Monica trespasses on Cathy’s farm where she (Monica) ventures into an apple orchard. There Monica picks apples from the apple trees and takes them home with her when she leaves the farm.
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Eric, who is emotionally distressed, confronts his friend John, a police officer, and tells him that he wants to end his life. During the confrontation, Eric attempts to grab John’s service firearm from its holster. A struggle ensues, during which John pulls the firearm out to prevent Eric from seizing it. While attempting to restrain him, the firearm discharges and fatally wounds Eric. Evidence shows that John did not intend to shoot Eric, but questions arise as to whether he handled the situation with the degree of care expected of a trained police officer in possession of a firearm. John is charged with culpable homicide. Can John be charged?
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Amos is camping on the beach while on a fishing trip in Mozambique. Amos sleeps in his caravan and stores his fishing tackle in his tent. He also has a freezer in his tent which he uses to preserve the fish he catches for his own consumption. While Amos is fishing one day, Oduetse, a convicted criminal, unzips Amos’s tent, enters the tent, opens the freezer and steals the frozen fish.
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Ben, a kind-hearted humanitarian, scavenges the garbage containers of rich people to find food and then uses it to feed poor people who cannot afford to buy food.
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Mr Jonas persuades 16-year-old Ntsiki to leave her home and accompany him to another town without informing her parents. Ntsiki willingly agrees, as she believes Mr Jonas will help her find employment opportunities. Mr Jonas knows that Ntsiki’s parents would not consent to her leaving with him. There is no evidence that Mr Jonas intended to marry Ntsiki or engage in any sexual conduct with her. Mr Jonas is subsequently charged with abduction. Which of the following best reflects the correct legal position in South African law?
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Thabiseng enjoys all kinds of confectionery and is addicted to chocolate. She walks around the back of a chocolate factory where she notices an open-air vent. She then puts her arm through the open air vent and steals 15 chocolate bars from a conveyor belt inside the factory and consumes it all.
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