CPR3701 – QUESTIONS
SECTION 1
1.1 A is arrested on a charge of housebreaking with intent to steal and theft.
1.1.1 Name the part of the law which regulates the essential elements of the offence allegedly
committed by A. (1)
1.1.2 Name the part of the law which regulates the procedure to be followed in executing the
prosecution. (1)
1.1.3 Name the part of the law which determines the charges to be put against A, and the so-called
definitional elements which must established to successfully prove said charges. (1)
1.1.4 If the case goes on trial which burden must to be discharged to the court, and by whom?
(2)
1.1.5 Briefly discuss whether the type of offence mentioned above can or should affect the so-called
presumption of innocence in any way. (2)
1.2 A is charged with the offence of robbery with aggravating circumstances. The prosecutor
requests deferments of the case a few times before the actual trial starts, that is before A pleads to
the charges and the witnesses testify.
1.2.1 Name the process which is applied by the court in deferring (putting forward to another date)
the case as indicated above. (1)
1.2.2 Name the process (of deferment) that is applicable if the trial had already started, and witness
led in testimony. (1)
1.2.3 The discretion to defer a case to a future date lies with the prosecutor. True
or False? (1) [10]
ANSWERS FOLLOW AFTER QUESTIONS——>
SECTION 1
1.1 A is arrested on a charge of housebreaking with intent to steal and theft.
1.1.1 Name the part of the law which regulates the essential elements of the offence allegedly
committed by A. (1)
1.1.2 Name the part of the law which regulates the procedure to be followed in executing the
prosecution. (1)
1.1.3 Name the part of the law which determines the charges to be put against A, and the so-called
definitional elements which must established to successfully prove said charges. (1)
1.1.4 If the case goes on trial which burden must to be discharged to the court, and by whom?
(2)
1.1.5 Briefly discuss whether the type of offence mentioned above can or should affect the so-called
presumption of innocence in any way. (2)
1.2 A is charged with the offence of robbery with aggravating circumstances. The prosecutor
requests deferments of the case a few times before the actual trial starts, that is before A pleads to
the charges and the witnesses testify.
1.2.1 Name the process which is applied by the court in deferring (putting forward to another date)
the case as indicated above. (1)
1.2.2 Name the process (of deferment) that is applicable if the trial had already started, and witness
led in testimony. (1)
1.2.3 The discretion to defer a case to a future date lies with the prosecutor. True
or False? (1) [10]
ANSWERS FOLLOW AFTER QUESTIONS——>
