Study UNIT 9 CRW 2603 TEST Yourself PDF

Preview

Summary

Test Yourself questions and answers ...

Description

(1) Define crimen iniuria. (2) Crimen iniuria is the unlawful, intentional and serious infringement of the dignity Or privacy of another. (2) Which two interests are protected by the crime of crimen iniuria? (2)  

Dignity Privacy

(3) What does the term dignity mean in the crime of crimen iniuria? (2) That valued and serene condition in his social or individual life which is violated when a person is, either publicly or privately, subjected by another to offensive and degrading treatment, or when he is exposed to ill-will, ridicule, disesteem or contempt. (4) Why have some commentators observed that privacy cannot be included in the concept of dignity? (2) One of the reasons for this view was expressed in the decision of the court in Van Tonder 1932 TPD 90: The right to privacy can be infringed without Y being aware of the infringement (as where X watches Y undressing). On the other hand, an Infringement of Y’s dignity or right to self- respect is only conceivable if Y is aware of X’s insulting words or conduct. (5) List the grounds of justification that can exclude the element of unlawfulness on a Charge of crimen injuria, and provide an example of each. (6) ••

Necessity, for example where, although X appeared naked in Y’s presence, it appeared that a fire broke out in X’s house while he was having a bath, and that for this reason he had to flee for his life while naked.

•• Consent, as where Y gives X permission to look at her while undressing. ••

Official capacity, as where X is a policeman who, in the course of the performance of his duties as a detective, enters Y’s house without Y’s permission and searches the house in an effort to find evidence of the commission of a crime he is investigating.

(6) X is a police officer. One of his duties is to conduct nightly patrols in the area in which he is stationed. One evening, X happens to peep through the window of a home and sees Y, a beautiful young woman, undressing. X returns to the same spot every night to watch Y undress. Y has no idea that X is watching her. Discuss in detail which crime X has committed. Refer to the elements of the crime and consider whether X

could rely on any ground of justification (could he perhaps rely on the fact that Y did not know she was being watched?). (10)

The crime of Crimen injuria will be committed. X infringed Y dignity and privacy, he then further continued and came back to the same sport every night to watch her undress, which then makes it intentional, unlawful and of a serious nature. The right to privacy can be infringed without Y being aware that she is being watched whilst undressing. On the other hand, an infringement of Y’s dignity or right to self- respect is only conceivable if Y is aware of X’s insulting words or conduct. Conduct which would otherwise amount to unlawfulness (i.e. a violation of dignity or privacy) may be justified by grounds of justification such as •• Necessity, for example where, although X appeared naked in Y’s presence, It appeared that a fire broke out in X’s house while he was having a bath, and that for this reason he had to flee for his life while naked •• Consent, as where Y gives X permission to look at her while undressing ••

Official capacity, as where X is a policeman who, in the course of the performance of his duties as a detective, enters Y’s house without Y’s permission and searches the house in an effort to find evidence of the commission of a crime he is investigating

GROUP ANSWER The crime of Crimen injuria will be committed. X infringed Y dignity and privacy, he then further continued and came back to the same sport every night to watch her undress, which then makes it intentional, unlawful and of a serious nature. ELEMENTS OF THE CRIME  INFRINGEMENT- X’s conduct amounted to the infringement of privacy of Y.  DIGNITY OR PRIVACY- the crime of crimen injuria requires that the dignity or privacy be infringed.  WHICH IS SERIOUS- in order to qualify as crimen injuria the infringement of dignity or privacy must be serious. E.g. the fact that X is a police official makes it more serious.  UNLAWFULNESS – X’s conduct is against the convictions of the society and with no ground of justification.  INTENTION – intention is required for conviction.

GROUND OF JUSTIFICATION X cannot rely on any ground of justification according to the scenario, however X may raise the ground of official capacity as ground of justification, but it may not apply as his actions does not amount to any official duties. The fact that Y was not aware that she is being watched is insufficient for X to rely on as ground of justification.

(7) Define the crime of kidnapping. (2) Unlawful and intentional deprivation of person’s freedom of movement or if that person is a child the unlawful and intentional deprivation of a parents control over that child. (8) What are the differences between the crimes of kidnapping and abduction? (6) Kidnapping- Unlawful and intentional deprivation of person’s freedom of movement or if that person is a child the unlawful and intentional deprivation of a parents control over that child. Abduction- unlawful an intentional removal of an unmarried minor from the control of his/ her custodial without the latter’s consent with the intention of enabling someone to marry or have sexual intercourse with that minor. Kidnapping X must deprive a person’s freedom of movement for whatever reason; if that person is a child deprive parent’s control over that child. Abduction-is removal of a an unmarried minor from the control of his/her custodial without the latter’s consent with the purpose of marring or have sexual intercourse with that minor.

THE GROUP ANSWER THE DIFFERNCE BETWEEN KIDNAPPING AND ABDUCTION KIDNAPPING Can be committed without removal the purpose can be any other reason other than to marry or having sexual intercourse with the victim Anyone can be a victim

ABDUCTION The victim must be removed from one place to another. the purpose of the removal is to marry or have sexual intercourse with the victim the victim must be unmarried minor

(9) Explain the requirement of “deprivation of freedom of movement” in the crime of Kidnapping with reference to case law. (10) Kidnapping is committed when an adult or child is deprived of his/her freedom of movement. This deprivation of freedom of movement may involve force, or it may involve craft or

cunning, as in S v Long 1969. It is not a requirement that a perpetrator should remove the victim, if the victim is deprived of his/her freedom of movement by being held in a consulate building in which he/she, this is sufficient to constitute to deprivation of freedom of movement.

GROUP ANSWER PAGE: 133 TO 134, PRESCRIBED BOOK. (10) Does X commit kidnapping if he removes Y, a 16-year-old girl, with her (Y’s) consent from her parents’ home without the parents’ consent? Explain briefly with reference to consent as a ground of justification in the crime of kidnapping, as well as to case law. (6) Yes, consent of a 16 child is invalid and cannot be used as a ground of justification. S v Killian 1977. THE CASE IS IRRELEVANT TO THE CRIME OF KIDNAPPING. BUT IT IS FOR ABDUCTION....