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Question 1
Read the following facts then choose the correct option below: X is employed as a
lifeguard at a resort. The pool has a signboard warning persons that they enter the pool at
their own risk. One day, during an out-of-season period, Y, who is a guest at the resort,
decides to enter the pool even though he is not a good swimmer. Y, who is of a much
bigger build than X, enters the pool, stumbles on the steps, and finds himself drowning. X
is apprehensive to enter the pool to rescue Y as he is afraid that they would both drown as
Y is so much larger than him. X throws a lifesaving buoy to Y to cling onto, but Y does not
see the buoy. There is no one else to assist and Y drowns and dies.
Select one:
A.
X will be convicted of culpable homicide because as a lifeguard, he has a legal duty to act
positively even though this act would have caused his own death.
B.
X will not be convicted of culpable homicide because Y entered the pool aware that he is
entering at his own risk and that he is not a good swimmer.
C.
X will not be convicted of culpable homicide because it was impossible for him to save Y
because of Y’s much larger physique.
D.
X will be convicted of culpable homicide because his omission was voluntary.
Question 2
The Supreme Court of Appeal in Eadie 2002 (1) SACR 663 (SCA) held that:
Select one:
A.
a plea of non-pathological criminal incapacity owing to emotional stress and provocation is
nothing else than the defence of insane automatism.
B.
for the defence of non-pathological criminal incapacity to succeed, there is no need to
prove that, at the time of the commission of the act, X was suffering from a mental illness.
C.
there is no difference between the conative leg of criminal capacity and the act requirement
in criminal liability that X’s bodily movements must be voluntary.
D.
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is”
without any representations or warranties, express or implied. The author assumes no liability as
a result of reliance and use of the contents of this document. This document is to be used for
comparison, research and reference purposes ONLY. No part of this document may be
reproduced, resold or transmitted in any form or by any means.
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