Notes based on criminal law

1. LCL 222E 2025
THEFT
ROBBERY
FRAUD
Faculty of Law

2. 2
Click to add Title

3. 3
THEFT
Definition?
Elements
4 Different forms of theft
Res communes?
Res derelictae?
Res nullius?

4. 4
ROBBERY
Definition?
Elements (5)
https://www.youtube.com/watch?v=LzQF5ush-f4
https://www.youtube.com/watch?v=lNe0WTwLI6E
Threats of violence
Physical
Immediate
Against self

5. 5
FRAUD

6. 6

7. 7
FRAUD
Definition?
Elements (4)
Misrepresentation (5)
Potential Prejudice (7)
Attempt?

8. 8
Sony Bravia bought himself a new LED 42 inch television set. He really
likes the TV and decides to insure it. After 2 months he decides to hide
the TV and to claim it from the insurance company as stolen goods. In
this way he will have two TVs, one for the living room and one for the
bedroom. Sony calls the insurance company to enquire about the
procedure he should follow to claim. The insurance company tells Sony
to submit proof of the theft together with his claim form. Sony decides
to break one of his living room windows to make it look like a burglary.
Before Sony could complete and send the claim form the insurance
company and the police discover his plan. Sony is arrested. Of which
crime can Sony be charged? Discuss with reference to relevant case law.

9. 9
Potential prejudice
Misrepresentation involved some risk of prejudice.
Possibility of prejudice, not a probability.
A reasonable possibility of prejudice.
Prejudice to a third party is sufficient.
Whether the person to whom the misrepresentation has been made
was misled or not, is irrelevant.
Potential prejudice must be determined according to the facts which
exists at the time the misrepresentation was made.
If a person obtains a loan by misrepresenting the purpose for which
the loan is required, commits fraud.

10. ATTEMPT
S v Francis 1981 1 SA 230
10

11. 11
THANK YOU