Revision questions

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)