Summary CPR3701 ASSIGNMENT 2 SEMESTER 1 OF 2023

CPR3701 ASSIGNMENT 2 SEMESTER 1 OF 2023 QUESTION 1 In the regional court at the trial of an accused on a charge of murder, a. A failure to consider the use of assessors constitutes a serious irregularity even where the accused had agreed to dispense with assessors b. Assessors must be appointed before the leading of evidence. c. It is optional for the magistrate to sit with one or two assessors. d. It is peremptory for the magistrate to sit with one or two assessors. e. The court may exercise its discretion to use assessors even where the accused waives the right to have assessors. QUESTION 2 Choose correct: a. Where the court sits with 2 assessors and an assessor dies or becomes incapable of performing their duties as assessor, the remaining members of the court become functus officio b. Where the court sits with 2 assessors and an assessor dies or becomes incapable of performing their duties as assessor, the presiding judge may acquit the accused summarily c. In the court, the presiding judge has a discretion on whether to sit with assessors in murder cases d. In high court the presiding judge has a discretion on whether to sit with assessors in murder cases e. The assessor’s competence or lack thereof can be established subjectively.