INSTRUCTIONS:
In the following pairs of statement:-
A both statements are correct; or
B both statements are wrong; or
C the first statement is correct and the
second statement is wrong; or
D the first statement is wrong and the
second statement is correct.
Next to the number of each question you will find
the capital letters A, B,C, D. Mark the letter reflecting the state of
correctness of the pair of statements.
(1) A B C D
(a)
The requirements for criminal
conduct are the principles of legality causation, unlawfulness and intent.
(b)
You will have criminal conduct
if you did something with intention to do wrong.
(2) A B C D
(a)
If X knows that he suffers from
epileptic attacks for years and that he could get an attack at any minute and
he gets in the car to drive his ill child to the hospital and he suffers an
attack on his way to the hospital and cause an accident, he will have voluntary
conduct in respect of negligent driving.
(b)
If A puts a gun to X’s head,
instructing X to kill Y then X will have no voluntary conduct if he kills Y.
(3) A B C D
(a)
The state must proof beyond
reasonable doubt that X’s conduct, who relies on insane automatism, was in fact
a voluntary conduct.
(b)
If I rely on sane automatism as
a defense I must proof the defense.
(4) A B C D
(a)
X was taking out a big tree,
which blocked his driveway. He does not
fill up the hole and Y falls into the hole.
X can not be held liable for any criminal conduct because he had no
positive action.
(b)
X a very good swimmer, and his
son S is visiting the swimming pool. S
gets into trouble and drowns whiles X is standing next to the pool and sees
that S is in trouble. X, who did nothing
to save or help S, said he thought the lifesaver would save S. X will not be held liable for the death of
his son.
(5) A B C D
(a)
If A’s daughter is being abused
by her, A’s boyfriend, then A will be held criminally liable for that abuse if
she allows the abuse to take place or to continue after she became aware of
such abuse. A, herself never abused the
child.
(b)
F has a baboon in a cage. The lock of the cage breaks because F did not
maintain the cage. The baboon gets out
and bites X. F will not be liable for
any injuries sustained by X because he did not do anything to encourage the
baboon to bite X.
(6) A B C D
(a)
X has an agreement with Y to
collect Y’s child from school at 3pm every afternoon. X is being paid to collect the child. One afternoon X fails to collect the
child. The child decides to walk home
and is killed while crossing the road. X
might be held liable for the child’s death because of his failure to collect
her at school.
(b)
One can only be held criminal
liable for positive actions.
(7) A B C D
(a)
Causation is not required for
conduct in materially defined crimes or crimes of consequence.
(b)
Causation indicates that a
person’s action was voluntary and therefore should give rise to criminal
liability.
(8) A B C D
(a)
To determine causation we start
at factual causation or the conditio sine
qua non test.
(b)
To determine causation we limit
factual causation with legal causation.
(9) A B C D
(a)
X is shot in the back and as a
result of the gunshot wound he is paralyzed.
When he leaves the hospital he is warned to lift himself regularly to
avoid pressure sore. He does not lift
himself and develops pressure sores which gets septic and X dies as a result of
septicemia. The septicemia would act as
a conditio sine qua non in
determining the cause of death.
(b)
To determine condictio sine qua non we ask the
question does this, in human experience normaly bring about the outcome.
(10) A B C D
(a)
A novus actus is a new intervening action, which will break the chain
of events.
(b) X desires to murder Y, whom he
dislikes. He shoots at Y, but misses
him. In an attempt to escape from X, Y
runs and enters a building. If X had not
shot at Y, Y would not have entered the building. While Y is in the building, a
bomb explodes in the building, killing Y.
X had nothing to do with the bomb, which exploded in the building. X will be held liable for Y’s death.
(11) A B C D
Y
feels very depressed and threatens to commit suicide. X, who harbors a grudge against Y, hands him
a loaded firearm, stating that he may shoot and kill himself with it if he so
wishes. Y takes the firearm and shoots
and kills himself. X will not be held
liable for Y’s death.
A novus
actus can only be break the causation chain if it is a new and abnormal
intervening event.
(12) A B C D
(a)
X hits Y with the flat
hand. Y falls down and dies due to a
head injury caused by the fall. The head
injury is as a result of the pre-existing condition of Y where a simple light
blow to the head could kill him. The
fall will not act as a novus actus.
(b)
The test for the adequate cause
test is the question if we take away X’s conduct, will the outcome still be
there.
If
there is a novus actus present can we have criminal liability. (give a short reason for your answer)
