CPR3701
ASSIGNMENT 2
SEMESTER 2
2021
, ASSIGNMENT 2
SEMESTER 2 2020
QUESTION 1
1) Section 84(1) sets out the requirements with which a charge should
comply. It provides as follows: Subject to the provisions of this Act and of
any other law relating to any particular offence, a charge shall set forth the
relevant offence in such manner and with such particulars as to the time
and place at which the offence is alleged to have been committed and the
person, if any, against whom and the property, if any, in respect of which
the offence is alleged to have been committed, as may be reasonably
sufficient to inform the accused of the nature of the charge.1
Particulars that are furnished are: the name of the offence for which the
accused is indicted (murder); all the elements of the crime murder (intention,
unlawfulness, killing of another human being); the date on which and place
where the offence was allegedly committed; and the person against whom the
offence was allegedly.2
Section 86 provides as follows: (1) Where a charge is defective for the want of
any essential averment therein, or where there appears to be any variance
between any averment in a charge and the evidence adduced in proof of such
averment, or where it appears that words or particulars that ought to have
been inserted in the charge have been omitted there-from, or where any
words or particulars that ought to have been omitted from the charge have
been inserted therein, or where there is any other error in the charge, the
court may, at any time before judgement, if it considers that the making of the
relevant amendment will not prejudice the accused in his defence, order that
the charge, whether it discloses an offence or not, be amended, so far as it is
1 Section 84(1) of the Criminal Procedure Act 51 of 1977.
2
This study source was downloaded by 100000830886948 from CourseHero.com on 04-28-2022 04:14:31 GMT -05:00
https://www.coursehero.com/file/91126436/CPR3701-ASSIGNMENT-2-SEMESTER-2-2020docx/
ASSIGNMENT 2
SEMESTER 2
2021
, ASSIGNMENT 2
SEMESTER 2 2020
QUESTION 1
1) Section 84(1) sets out the requirements with which a charge should
comply. It provides as follows: Subject to the provisions of this Act and of
any other law relating to any particular offence, a charge shall set forth the
relevant offence in such manner and with such particulars as to the time
and place at which the offence is alleged to have been committed and the
person, if any, against whom and the property, if any, in respect of which
the offence is alleged to have been committed, as may be reasonably
sufficient to inform the accused of the nature of the charge.1
Particulars that are furnished are: the name of the offence for which the
accused is indicted (murder); all the elements of the crime murder (intention,
unlawfulness, killing of another human being); the date on which and place
where the offence was allegedly committed; and the person against whom the
offence was allegedly.2
Section 86 provides as follows: (1) Where a charge is defective for the want of
any essential averment therein, or where there appears to be any variance
between any averment in a charge and the evidence adduced in proof of such
averment, or where it appears that words or particulars that ought to have
been inserted in the charge have been omitted there-from, or where any
words or particulars that ought to have been omitted from the charge have
been inserted therein, or where there is any other error in the charge, the
court may, at any time before judgement, if it considers that the making of the
relevant amendment will not prejudice the accused in his defence, order that
the charge, whether it discloses an offence or not, be amended, so far as it is
1 Section 84(1) of the Criminal Procedure Act 51 of 1977.
2
This study source was downloaded by 100000830886948 from CourseHero.com on 04-28-2022 04:14:31 GMT -05:00
https://www.coursehero.com/file/91126436/CPR3701-ASSIGNMENT-2-SEMESTER-2-2020docx/
