Unfair Criticism Legal Clarification

Summary

Unfair criticism of the South African Police Services by a newspaper reporter does not constitute contempt of court, as it does not involve disrespecting or disobeying the courts authority. For the crime of fraud in South African law, an express misrepresentation is required, potential prejudice at the time of misrepresentation constitutes attempted fraud, and the prejudice must be proprietary. X, caught tampering with a cars wiring, can be convicted of attempted theft, as he intended to steal but did not complete the act. A false declaration in a case remains perjury, even if the judgment is set aside on appeal.

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For the crime of fraud: a. An express misrepresentation is required. b. Potential prejudice to another at the time of making the misrepresentation will constitute completed fraud. c. Potential prejudice to another at the time of making the misrepresentation will constitute attempted fraud. d. The prejudice must be of a proprietary nature.
For the crime of fraud in South African law, the following points apply:
- An express misrepresentation is required (a).
- Potential prejudice to another at the time of making the misrepresentation will constitute attempted fraud (c).
- The prejudice must be of a proprietary nature (d).
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X, wishing to steal Y’s motor car, is apprehended while he is still tampering with the electrical wiring below the steering column but has not yet succeeded in starting the car. X can be convicted of: a. completed theft b. arrogation of possession. c. theft d. attempted theft
X can be convicted of:
d. attempted theft
Attempted theft is when a person has the intention to steal and has taken substantial steps towards committing the theft but has not completed the act.
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The fact that a false declaration was made in the course of a case, but the judgment is later set aside on appeal: a. has no impact on the crime of perjury. b. may be a defence to a charge of perjury. c. is not a defence to a charge of perjury. d. is always a defence to a charge of perjury.
The correct answer to your question is:
a. has no impact on the crime of perjury.
A false declaration remains perjury regardless of whether the judgment is set aside on appeal.
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