IURI 221 EC

CRIMINAL LAW: SPECIFIC CRIMES

Faculty of Law

MOD compiled by: Ms Rolien Roos

Updated: Dr Francois van den Berg
Copyright © 2024 edition. Review date 2025
North-West University

No part of this MOD may be reproduced in any form or in any way without the written permission of the publishers.
It all starts here
• Ranked in the top 5% of universities globally by the QS-rankings
• Contribute the second largest number of graduates annually to the labour market

Dit begin alles hier

• As een van die top 5% universiteite wêreldwyd deur die QS-ranglys aangewys
• Lewer jaarliks die tweede meeste graduandi aan die arbeidsmark

Gotlhe go simolola fano

• Re beilwe mo gare ga diyunibesiti tse 5% tse di kwa godimo go ya ka peo ya maemo ya
QS
• Ngwaga le ngwaga go abelwa palo ya bobedi ka bogolo ya badiri mo maketeng ya badiri
 NORTH-WEST UNIVERSITY

Module information
Module code IURI 221

Module name CRIMINAL LAW: SPECIFIC CRIMES

12 credits
Module credits This implies that you must spend a total of 120 hours to
master the outcomes of this module successfully.

NQF level 6

Prerequisites None

Additional resources or
requirements to complete Textbook and additional reading as prescribed
module successfully

Lecturer and contact information: Mahikeng

Name of lecturer(s) Mr Leruri Tsweledi

Email address Leruri.Tsweledi@nwu.ac.za

Office telephone

Consultation hours TBA on eFundi

Lecturer and contact information: Potchefstroom

Name of lecturer(s) Adv René Koraan

Email address rene.koraan@nwu.ac.za

Office telephone 018 299 4287

Consultation hours TBA on eFundi

Contacting lecturers
Please see the contact information for the relevant lecturers in the “Lecturer and contact information”
section above.

Introduction

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Purpose of the module:
The purpose of this module is to instil a substantive working knowledge of a selection of specific
crimes in South African law, Constitutional Law and Fundamental Rights, through blended, practice
and problem-based learning.

Teaching and learning in this module

The role of the lecturers will be to provide intellectual guidance to ensure that students gain a good
grasp of the content and develop the requisite skills to master the outcomes in this module. Students
are required to participate actively. eFundi will be used as a supply chain to upload resources and
develop engaging activities for students in their learning process. Microsoft Teams will be used as
online platform for interactive learning activities, if so required.

Module outcomes Assessment criteria

After the successful completion of this module, the Students will be assessed on their ability to:
student must be able to demonstrate the following: • Discuss and outline aspects relating to
• A solid knowledge base in Criminal Law with principles governing a selection of
special reference to the principles governing specific crimes against the state, public
a selection of specific crimes against the order and administration of justice, the
state, public order and administration of community, a person and property.
justice, the community, a person and • Define key terminologies specific to
property. Criminal Law correctly and assess the
• The understanding of key terminologies impact of indigenous law on the norms
specific to Criminal Law correctly and assess of the Criminal Law.
the impact of indigenous law on the norms of • Analyse crimes, in terms of common or
the Criminal Law. statutory Criminal Law and to select and
• The ability to analyse crimes, in terms of apply the relevant statutory and
common or statutory Criminal Law and to common law rules and principles in
select and apply the relevant statutory and which the state may convict and punish
common law rules and principles in which perpetrators for the unlawful,
the state may convict and punish blameworthy acts or omissions that
perpetrators for the unlawful, blameworthy constitute specific crimes in context, in
acts or omissions that constitute specific simulated or real-life scenarios.
crimes in context, in simulated or real-life
• Analyse unfamiliar, unknown; well
scenarios.
defined scenarios and to determine and
• The competency to analyse unfamiliar, list elements, conditions, circumstances
unknown; well defined scenarios and to as well as to access available resources
determine and list elements, conditions, as part of research, gathering and
circumstances as well as to access available evaluation of information as well as the
resources as part of research, gathering and integration of information in the filing of
evaluation of information as well as the a possible solution and the presentation
integration of information in the filing of a thereof.
possible solution and the presentation
• Demonstrate academic and
thereof.
professional communication skills and
• The ability to communicate views in terms of proficiency in written and verbal format,
common or statutory Criminal law in a to professional and lay audiences,
coherent and logical way with evidence of a individually or in groups, by making use
sound ethical and value-based approach. of applicable multimedia equipment.
• Integrate information with principles,
theories, concepts, etc. and plan and

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 formulate recommendations for
specific scenarios.
• Construct arguments in academic
discourse and reason the relevance of
the retrieved information in the
formulation of solutions, in various
formats.

Module plan:
This module consists of four study units:
• Crimes against property
• Crimes against the community
• Crimes against a person
• Crimes against the state and public order and administration of justice

Assessment
Requirements for successful completion of the module, based on contact teaching and
sit-down tests and examinations:
You need a final module mark of at least 50% to pass the module. The final mark will be calculated
as follows:
• Participation mark: 50% of final mark
• Examination mark: 50% of final mark
• Final 100%

Requirements:
• Participation mark: A minimum of 40% is required to obtain admission to examination
• Examination: A sub minimum of 45% is required

Preliminary Assessment plan:

The participation mark will be calculated in the following manner:
• Assessment 1 (Test) 25%
• Assessment 2 (Test) 25%
• Assessment 3 (Test) 25%

Best of two out of three assessments will be considered.

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Warning against academic dishonesty
ASSESSMENTS ARE INDIVIDUAL TASKS AND NOT GROUP ACTIVITIES, UNLESS
EXPLICITLY INDICATED AS GROUP ACTIVITIES
In an assignment, copying of text from other learners or from other sources (for instance the study
guide, prescribed material or directly from the internet) is not allowed – only brief quotations are
allowed and then only if indicated as such. You should reformulate existing text and use your own
words to explain what you have read. It is not acceptable to retype existing text and just
acknowledge the source in a footnote – you should be able to relate the idea or concept, without
repeating the original author to the letter.
The aim of the assignments is not the reproduction of existing material, but to ascertain whether you
have the ability to integrate existing texts, add your own interpretation and/or critique of the texts and
offer a creative solution to existing problems.
Be warned: students who submit copied text will obtain a mark of zero for the assignment
and disciplinary steps may be taken by the Faculty and/or University. It is also unacceptable
to do somebody else’s work, to lend your work to them or to make your work available to
them to copy – be careful and do not make your work available to anyone!
If you cheat in a test, you will also be referred for disciplinary action.

Action verbs
The following list contains all the possible verbs that may be used in this module to formulate learning
outcomes and all assessments. Every verb is accompanied by a description of what is expected of
you.
ACTION WORDS AT THE KNOWLEDGE LEVEL

Action What is required Example

word
Describe A description merely requires that you give the Describe the historic development
relevant facts or characteristics, without any of the crime high treason.
discussion of such facts or characteristics.
Nothing more than a clear and systematic
exposition of the concept is expected. You
must stick to the relevant facts without
commenting.
List / Name Make a list only of the characteristics, facts or List five crimes against the public
items as required, as with a description or a welfare.
definition.
Define To define requires that you give the exact Define the concept “supremacy of
meaning of a concept. A brief, clear and the Constitution”.
specific description must therefore be given, or
the exact meaning of a term or concept which
pertains only to that term or concept and to no
other must be stated.

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ACTION WORDS AT THE COMPREHENSION OR INSIGHT LEVEL

Understand means to construct meaning from instructional messages (oral, written or graphic).
Interpret is to change from one form of representation (e.g. numerical) to another (e.g. verbal).
Exemplify is to give a specific example or illustration of something, while classify requires placing
something in a category. Infer is to draw logical conclusions from presented material, whereas
compare means to find similarities and differences between two concepts/events. Understanding
enables you to summarise, explain, interpret or put material in your own words, without necessarily
requiring application.

Term What is required Example

Illustrate To explain something with the help of Illustrate the differences between
examples. theft and receiving stolen property.
Explain To explain you must give the reasons for a Explain what the element of intent to
certain case, phenomenon or finding. commit fraud entails.
Where possible, examples must be used to
elucidate the explanation.
Distinguish Indicate the similarities or differences Distinguish between crimen iniuria
between two viewpoints or standpoints. and criminal defamation.
Summarise To summarise the most important Summarise the elements of the crime
information in a concise and systematic of contempt of court.
way.
Compare Identify the similarities and differences Compare the crimes of theft and
between the two or more matters that must fraud.
be compared and then give a systematic
exposition, if necessary in the form of a
table: this is not merely a mechanical
description, but a thoughtful juxtaposition of
the matters concerned.

ACTION WORDS AT THE ANALYTICAL AND APPLICATION LEVEL

Break complex compositions (e.g. a problem) down into the individual constituent parts of an overall
situation and determine how the parts relate to one another and to an overall structure or purpose.
Requires distinguishing relevant from irrelevant parts or important from unimportant parts and
determining how elements fit or function within a structure. Also determining a point of view, bias,
values or intent underpinning the material presented.

Term What is required Example

Apply Apply specific information or knowledge in a How can a public prosecutor make
new situation by, e.g. indicating with reference use of the provisions of Act 16 of
to an original example, how a particular 1963 when a person lied under
method or strategy may be employed to solve oath?
a problem.
Solve To solve a given problem on the grounds of How would you solve the problem
knowledge of a certain method / rule, etc. and where, as a prosecutor, you can
insight into the nature of the problem. prove that an item is stolen but not

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 that the person who possessed it,
took it from the owner?
Analyse / To analyse a problem, theme, argument, etc., Analyse: On which basis did the
Problem it must, as it were, be taken apart and Supreme Court of Appeal differ
statement / examined. The different constituent elements from the judgment of the court a
Advise or components must not only be identified, but quo in Director of Public
a distinction must also be made between the Prosecution Gauteng v Pistorius
important and the less important elements or 2016 1 SACR 431 (SCA)?
components and commented on in your own
Problem Statement / Advise:
words.
Supply your client with a legal
These questions deal with the situation where
opinion regarding his prospects to
you are asked to advise a client on the legal
succeed with his defence to a
position or its course of action, and you must
charge of murder. He avers that he
proceed as follows (marks awarded in
did not have the requisite intent to
brackets):
murder his girlfriend, as he thought
(a) Identify the relevant legal problem or he was shooting at an intruder who
issues (10-15%). was behind a closed door.
(b) Describe the legal rules that are or may
be relevant to these legal issues without
applying them at this stage. Describe the
relevant legal theory and case law (30-
40%).
(c) Apply the theory or rules as discussed to
the particular facts of the problem (30-
40%).
(d) Give advice or the solution to the
problem. (10-15%).

ACTION WORDS AT THE EVALUATION LEVEL

Evaluate means to make judgements of viewpoints, statements, theories, claims, and solutions to
problems or methods according to certain criteria, values, principles or standards which determine
the extent to which information is correct, accurate, effective, economical or satisfactory. The
judgment may be quantitative or qualitative and the criteria may be personal or standardised. You
must analyse a matter in its constituent parts or components, make a value judgment of each
component and integrate the results in an extensive, purposeful value judgement. You should detect
inconsistencies or fallacies within a process or product; determine the effectiveness of a procedure
as it is being implemented; detect inconsistencies between a product and external criteria; determine
whether a product has internal/external consistency, and detect the appropriateness of a procedure
for a given problem.

Term What is required Example

Discuss Discussion requires that you comment on a Discuss the following statement:
matter in your own words. Discussion often
“The crime of high treason should
also requires that two or more standpoints or
not exist in a constitutional
possibilities be debated systematically, for
democracy.”
example, to examine, analyse and approach a
case from different angles.
Analyse Take the problem, theme, argument or Analyse the elements of the crime
concept apart, as it were, and describe it. The of public violence to establish
whether the conduct should

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 description must be done in the words of the indeed by criminalised in a
person doing the analysis. constitutional democracy.
Evaluate To evaluate means to make an assessment, Provide a critical evaluation of the
appraisal or value judgement of a certain case, crimes created in the Intimidation
argument or statement. Act 72 of 1982.
Give your Discuss one or more opinions on the matter or What is your opinion regarding the
opinion describe the status quo (e.g. the current legal possible contradiction between the
position) and then give your own substantiated right to freedom of speech and the
opinion on the matter. crime of contempt of court in South
Africa?
Criticise Criticising requires that a statement, Criticise the decision of the court in
argument, approach, view, etc. is judged. In S v Hoffman 1983 4 SA 564 (T) on
criticising you point out certain positive or the question whether a parent can
acceptable and negative or less acceptable be convicted of kidnapping of
concerns. Issues that you agree with and his/her own child.
issues that you have your doubts about are
indicated together with reasons. Criticising
does not imply finding fault with something, but OR
differing or agreeing with certain views,
arguments or standpoints in a substantiated
manner and giving your own opinion. Critically discuss the decision of
the court in S v Hoffman 1983 4 SA
Criticism always takes place on the grounds of 564 (T) on the question whether a
certain criteria, values and principles within a parent can be convicted of
certain context or against a certain kidnapping of his/her own child.
background.

ACTION WORDS ON THE LEVEL OF SYNTHESIS

Synthesising requires the integration of individual elements/parts in a (new) meaningful complex

whole (pattern/structure). The emphasis here is on innovation, originality and the ability to plan,
coordinate and formulate. It also means to come up with alternative hypotheses based on criteria;
devising a procedure for accomplishing some task, and inventing/designing a product/programme

Term What is required Example

Give an A large volume of knowledge must be condensed Give an overview of the four forms the
overview and presented in a logical and systematic way, crime of theft may take, according to
while retaining the essence. Snyman.
Integrate First make an analysis of the given concepts or On the basis of your knowledge of
opinions before its essential characteristics are Criminal Law, explain whether a
brought together into a single unit. parent may raise the defence of
“reasonable moderate chastisement”
of a child, to a charge of assault.

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Study material
Compulsory study material:
• Hoctor SV Snyman’s Criminal Law 7th Edition (Lexis Nexis 2020)
• Case law and journal articles as specified throughout the year
• Other material as prescribed throughout the year

Time management
It should be possible for an average student to master the module outcomes in a timeframe of 120
hours. The time allocation is merely an indication of the amount of time it should take an average
student to master the learning outcomes and complete all assessments. In this regard factors such
as work rate, interest and understanding will determine the exact time that every individual student
requires.
We have estimated that you will need 6 per week during the 14 weeks of lectures (84 hours), to
thoroughly prepare, attend contact sessions and complete prescribed activities. You will require an
additional 36 hours to prepare for assessments.
We strongly encourage you to work throughout – do not leave the studying for the week before an
assessment!

2024 Programme

READING IN
DATES (Weeks) STUDY UNIT CRIMES
TEXTBOOK

Introduction to
~ Administrative information to be provided to students ~ n/a
module

08 -12 Jul 2024

Study Unit 1:
“Crimes against
Theft & Removal of property for use 421-447
property”

15 - 19 Jul 2024 Study Unit 1: Robbery 448-452

“Crimes against Associated offences: (Not for assessment / exam purposes)
property” • Receiving stolen property
• Inability to give account of goods suspected of being stolen
• Receiving stolen property without reasonable cause

Fraud 461-473
Associated offences: (Not for assessment / exam purposes)
• Forgery and uttering
Theft by false pretences
22 - 26 Jul 2024 Malicious injury to property & arson 475-479

Assessment/Test 1 (Study Unit 1) – 24 July 2024

29 Jul - 02 Aug 2024 Housebreaking with the intent of committing a crime 479-486
Associated offences: (Not for assessment / exam purposes)
• Possession of housebreaking implements
• Trespass

05- 08 Aug 2024 Study Unit 2: Extortion 369-371

“Crimes against Associated offences: (Not for assessment / exam purposes)
the community” • Intimidation

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 Abduction 351-354
12 -16 Aug 2024 Drug offences 372-377

Assessment/Test 2 (21 August 2024)

19 - 23 Aug 2024 Study Unit 3: Murder 387-392

“Crimes against a
person” Culpable homicide
26-30 Aug 2024 Assault 395-401
Associated offences: (Not for assessment / exam purposes)
• Administering poison or another noxious substance
• Exposing an infant

02 - 06 Sep 2024 Kidnapping 417-420

Rape & other sexual offences 307-319
Associated offences: (Not for assessment / exam purposes)
• Compelled rape
• Sexual assault
• Compelled sexual assault
• Compelled self-sexual assault
• Compelling another to watch sexual acts
• Exposing genital organs, anus or breasts
• Displaying child pornography
• Engaging sexual services for reward
• Incest
• Sexual offences against children
• Sexual offences against mentally disabled persons

23 – 27 Sept 2024 Recess

30 Sept - 04 Oct 2024 Crimen iniuria 407-412
Associated offences: (Not for assessment / exam purposes)
• Criminal defamation

Assessment/Test 3 (Study Unit 3)

07-11 Oct 2024 Study Unit 4: High Treason & Sedition 267-277
“Crimes against
Public violence 277-279
the state”
14-16 Oct 2024 Perjury 296-299

October 2024 First examination opportunity commences

November 2024 Second examination opportunity commences

PUBLICATION OF MODULE MARKS

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Study units
This section contains a basic layout of the study units and study section that will be dealt with in IURI
221. Please note that more in-depth material will be available on eFundi.

1 Crimes against property

Recommended time: 24 hours over 4 weeks
Learning outcomes
After engaging with the materials and activities in this study unit you should be able to:
• Define, describe, discuss and evaluate the elements of and principles relating to the following
crimes against property:
• Theft
• Removal of property for use
• Robbery
• Receiving stolen property
• Inability to give account of goods suspected of being stolen
• Receiving stolen property without reasonable cause
• Fraud
• Forgery and uttering
• Theft by false pretences
• Malicious injury to property
• Arson
• Housebreaking with the intent of committing a crime
• Possession of housebreaking implements
• Trespass;
• Determine information deficiencies and find, access, read and apply sources of law relating to
the topics above;
• Integrate the acquired information and present solutions by using applicable terminology,
doctrines, underlying and established theories and principles, related concepts, processes,
procedures and techniques in Criminal Law;
• Apply the acquired knowledge and skills knowledge to case studies and real world scenarios
(well-defined but unfamiliar problems in familiar contexts);
• Communicate and present solutions to professional and lay audiences, individually or in
groups, by making use of applicable multimedia equipment, acceptable formats based on
specific conventions illustrating the ability of an awareness of cognate fields; and
• Participate in a coherent academic-professional discourse on the topics.

2 Crimes against the community

Recommended time: 24 hours over 4 weeks
Learning outcomes
After engaging with the materials and activities in this study unit you should be able to:
• Define, describe, discuss and evaluate the elements of and principles relating to the following
crimes against the community:
• Rape
• Compelled rape

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 • Sexual assault
• Compelled sexual assault
• Compelled self-sexual assault
• Compelling another to watch sexual acts
• Exposing genital organs, anus or breasts
• Displaying child pornography
• Engaging sexual services for reward
• Incest
• Bestiality
• Sexual act with a corpse
• Sexual offences against children
• Sexual offences against mentally disabled persons
• Bigamy
• Common-law abduction
• Corruption
• Extortion
• Drug offences
• Unlawful possession of firearms or ammunition
• Concealment of births
• Public indecency
• Violating a grave
• Violating a corpse;
• Determine information deficiencies and find, access, read and apply sources of law relating to
the topics above;
• Integrate the acquired information and present solutions by using applicable terminology,
doctrines, underlying and established theories and principles, related concepts, processes,
procedures and techniques in Criminal Law;
• Apply the acquired knowledge and skills knowledge to case studies and real world scenarios
(well-defined but unfamiliar problems in familiar contexts);
• Communicate and present solutions to professional and lay audiences, individually or in
groups, by making use of applicable multimedia equipment, acceptable formats based on
specific conventions illustrating the ability of an awareness of cognate fields; and
• Participate in a coherent academic-professional discourse on the topics.

3 Crimes against a person

Recommended time: 12 hours over 2 weeks
Learning outcomes
After engaging with the materials and activities in this study unit you should be able to:
• Define, describe, discuss and evaluate the elements of and principles relating to the following
crimes against a person:
• Murder
• Culpable homicide
• Administering poison or another noxious substance
• Exposing an infant

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 • Assault
• Intimidation
• Pointing a firearm
• Crimen iniuria
• Criminal defamation
• Kidnapping;
• Determine information deficiencies and find, access, read and apply sources of law relating to
the topics above;
• Integrate the acquired information and present solutions by using applicable terminology,
doctrines, underlying and established theories and principles, related concepts, processes,
procedures and techniques in Criminal Law;
• Apply the acquired knowledge and skills knowledge to case studies and real world scenarios
(well-defined but unfamiliar problems in familiar contexts);
• Communicate and present solutions to professional and lay audiences, individually or in
groups, by making use of applicable multimedia equipment, acceptable formats based on
specific conventions illustrating the ability of an awareness of cognate fields; and
• Participate in a coherent academic-professional discourse on the topics.

4 Crimes against the state, public order and administration of

justice
Recommended time: 18 hours over 3 weeks
Learning outcomes
After engaging with the materials and activities in this study unit you should be able to:
• Define, describe, discuss and evaluate the elements of and principles relating to the following
crimes against the state, public order and administration of justice:
• High Treason
• Sedition
• Public violence
• Contempt of court
• Defeating or obstructing the course of justice
• Perjury
• Subornation of perjury
• Conflicting statements under different oaths
• False statements in an affidavit
• Escaping from custody;
• Determine information deficiencies and find, access, read and apply sources of law relating to
the topics above;
• Integrate the acquired information and present solutions by using applicable terminology,
doctrines, underlying and established theories and principles, related concepts, processes,
procedures and techniques in Criminal Law;
• Apply the acquired knowledge and skills knowledge to case studies and real world scenarios
(well-defined but unfamiliar problems in familiar contexts);
• Communicate and present solutions to professional and lay audiences, individually or in
groups, by making use of applicable multimedia equipment, acceptable formats based on
specific conventions illustrating the ability of an awareness of cognate fields; and
• Participate in a coherent academic-professional discourse on the topics.

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