Cpr3701 Exam Pack 2024 Questions With Answers
Criminal Procedure Questions and Answers JURISDICTION Courts have the authority to hear trials of people who commit offences in the courts jurisdiction BUT there are certain instances which deal with extra territorial jurisdiction allowing a SA court to exercise jurisdiction over an offence, which was committed beyond the borders of the state (i.e. outside SA territory, name and discuss these instances General rule: courts will only exercise jurisdiction with respect to offences committed in SA. Exceptions: a)High treason: SA citizen who is resident in a foreign country and joins the enemy army in wartime b)Theft committed in a foreign country but the A has the stolen property in SA – theft is a continuing crime c)Offences on ships: territorial waters are part of the state d)Offences outside SA on a non-SA plane – plane lands in SA with the offender of board/ the principal place of business or permanent residence of the lessee of the plane is in SA/ offender is present in SA. e)Offences committed on territory subsequently annexed by SA f)Offences committed on an SA plane wherever it is (Civil Aviation Act) g)Offences committed by a SA citizen in Antarctica – jurisdiction of the Pretoria Magisterial District h)Offences deemed to be committed where A happens to be i)Embassies: diplomats remain subject to the jurisdiction of their home states.
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