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lOMoARcPSD|4339232CRW2602 Questions and Answers
Criminal Law: Specific Crimes (University of South Africa)
, lOMoARcPSD|4339232
CLS cc ©
Criminal Law 2 Questions
1
CRIMINAL LAW 201 QUESTION PACK:
TOPIC – PERPETRATOR/ACCOMPLICE:
For a person to be guilty as an accomplice, there are certain
requirements which must be complied with. Name and discuss
these
requirements. (7)
A person is an accomplice if
1) Although he does not comply with all the requirements for
liability set out in the definition of the crime, and
2) Although the conduct required for a conviction is not imputed to
him in terms of the doctrine of common purpose,
He engages in conduct whereby he furthers the commission of the
crime by somebody else.
Requirements for liability as an accomplice
1) Act
2) Unlawfulness
3) Intention
4) Accessory character of liability
Explain the difference between a perpetrator, an accomplice and an
accessory after the fact. In your answer you must also give an example of
each. (8)
A person is a perpetrator if:
(1) his conduct, the circumstances in which it takes place
(including, where relevant, a particular description with which he
as a person must, according to the definition of the offence,
comply), and the culpability with which it is carried out are such
that he satisfies all the requirements for liability contained in the
definition of the offence
OR
(2)if, although his own conduct does not comply with that
required in the definition of the crime, he acted together with one
or more persons and the conduct required for a conviction is
imputed to him by virtue of the principles relating to the doctrine
of common purpose.
A person is an accomplice if:
(1) although he does not comply with all the requirements for
liability set out in the definition of the crime, and
(2) although the conduct required for a conviction is not imputed
to him in terms of the doctrine of common purpose, he engages in
conduct whereby he furthers the commission of the crime by
somebody else.
,
, lOMoARcPSD|4339232
Criminal Law 2 Questions
A person is an accessory after the fact to the commission of a
crime if, after the commission of the crime, she unlawfully and
intentionally engages in conduct intended to enable the
perpetrator of or accomplice to the crime to evade liability for her
crime, or to facilitate such a person's evasion of liability.
A shoots Y. Y falls to the ground mortally wounded. B (who has not
previously agreed with A to kill Y) appears on the scene and stabs Y
with a knife. The stab wound does not hasten Y’s death. Y dies as a
result of the bullet wound. A needs help to dispose of the body. For
this purpose, A calls in the help of C, who has agreed before the killing
to assist A in the disposing of the body, and D, a friend of C’s who had
no such prior agreement with A. Briefly discuss the criminal liability of
B, C and D.
(6)
You have to discuss the criminal liability of B, C and D in this set of
facts. Allocate 2 marks for B, C and D respectively and do not waste
any time in discussing the liability of A.
B is guilty of attempted murder and can be referred to as a “joiner-
in” since he associated himself with others’ common purpose at a
stage when Y’s lethal wound had already been inflicted, although Y
was then still alive.
C may be a perpetrator or an accomplice , if his conduct,
culpability and personal qualities accord with the definition of
murder, he will be a co-perpetrator. He may also be an accomplice
because he furthered the commission of the crime.
D is an accessory after the fact. A person is an accessory after the
fact to the commission of a crime if, after the commission of the
crime, he unlawfully and intentionally engages in conduct intended
to enable the perpetrator of or accomplice to the crime to evade
liability for the crime, or to facilitate such a person’s evasion of
liability. Helping a perpetrator to dispose of the body of a person he
has killed is an example of conduct that makes a person an
accessory after the fact.
Discuss the liability of the participant who is commonly referred to
as a “joiner-in”. (6)
The “joiner-in” is a person
• Whose attack on Y did not hasten Y’s death
• Whose blow was administered at a time when Y was still alive
• Who did not act with a common purpose together with the
other persons who also inflicted wounds on Y.
Thus, here, the person comes onto the scene AFTER the mortal
wound has been inflicted on Y, but while Y is still alive and the
wound inflicted on Y does NOT hasten his death PLUS this “joiner-
in” has NO prior agreement with the persons who inflicted the
mortal wound on Y.
lOMoARcPSD|4339232
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