CPR3701 Assignment 2 (QUALITY ANSWERS) Semester 1 2024

This document contains workings, explanations and solutions to the CPR3701 Assignment 2 (QUALITY ANSWERS) Semester 1 2024. For assistance call or us on 0.6.8..8.1.2..0.9.3.4...... Question 1 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT answer from the following statements a. A conviction on the competent verdict must be regarded as an acquittal on the original charge b. Where the express charge is not proved by the prosecution, the court may still resort to a competent verdict without relying on any statutory provision, in order to serve the interests of justice c. A competent verdict is possible even where it is not expressly provided for statutorily. d. The main charge must be proved beyond any reasonable doubt whereas the competent verdict must be established on a balance of probabilities e. A conviction on the competent verdict must be regarded as a conviction also on the original charge Clear my choice Question 2 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements In terms of the rules of criminal procedure, re-examination a. Disclaimer Extreme care has been used to create this document, however the contents are provided “as is” without any representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the contents of this document. This document is to be used for comparison, research and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means. succeeds cross-examination b. precedes cross-examination c. may be conducted by both the prosecution and the defence d. is confined to matters raised and covered during cross-examination e. is conducted by the party which called the witness in the first place Clear my choice Question 3 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements a. An affirmation is regarded as a substitute for the oath in circumstances where a witness objects to taking the prescribed oath b. An oath may only be administered by the court c. Admonishment to ‘speak the truth’ has the same force and effect in respect of a witness who does not understand the nature and import of the oath d. An intellectually impaired person may be admonished by the court to ‘speak the truth’ e. A prosecutor may administer the oath in the absence of the presiding officer Clear my choice Question 4 Not yet answered Marked out of 1.00 Flag question Disclaimer Extreme care has been used to create this document, however the contents are provided “as is” without any representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the contents of this document. This document is to be used for comparison, research and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means. Question text Choose the CORRECT answer from the following statements The test for judicial bias essentially requires that: a. There must be a suspicion that the judicial officer would be, not might be, biased. b. The suspicion of bias must be based on forseeable grounds. c. The suspicion of bias must be one which the reasonable person referred to might, not would, have held. d. The suspicion of bias is weighed against the standard of any reasonable person. e. The suspicion must be that of a reasonable person in the position of the accused Clear my choice Question 5 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements a. Persons under the age of 18 are not entitled to attend any criminal trial unless they are actually giving evidence b. No person may be present at any session of a child justice court unless their presence is necessary in connection with the proceedings of that court c. In terms of s 158(5) of the CPA a court must give reasons for not allowing a child below the age of 14 years to give evidence by means of closed-circuit television or similar electronic media Disclaimer Extreme care has been used to create this document, however the contents are provided “as is” without any representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the contents of this document. This document is to be used for comparison, research and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means. d. A witness may be permitted to use or adopt a pseudonym for the purposes of the trial e. A witness may, under no circumstances, be permitted to use or adopt a pseudonym for the purposes of the trial Clear my choice Question 6 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT answer from the following statements a. A non-joinder is generally regarded as leading to an unfair trial. b. The prosecutor decides on whether accused persons should be joined to a single trial c. The court decides on whether accused persons should be joined to a single trial d. In terms of s 155(2) of the CPA the complainant in respect of property obtained by means of an offence is regarded as a participant in the commission of the offence. e. Joinder is generally regarded as imperative and not permissive Clear my choice Question 7 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements The court must enter a plea of ‘not guilty’ Disclaimer Extreme care has been used to create this document, however the contents are provided “as is” without any representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the contents of this document. This document is to be used for comparison, research and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means. a. if, when called upon to plead to the charge, it appears to be uncertain to the court whether the accused is capable of understanding the proceedings at the trial based on their mental state. b. if the accused pleads ‘guilty’ by answering directly to the charge. c. if the accused does not plead directly to the charge, but makes an exculpatory statement in which he or she admits certain facts and denies others. d. where, on being required to plead, the accused refuses to do so because the accused has not been furnished with further particulars. e. if the accused pleads ‘ not guilty’ to the charge Clear my choice Question 8 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements Minimum sentences a. should apply as the point of departure, and not departed from lightly b. do not apply to offenders under the age of 18 years c. apply where the court finds the existence of ‘compelling and substantial’ circumstances which justify a lesser offence Disclaimer Extreme care has been used to create this document, however the contents are provided “as is” without any representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the contents of this document. This document is to be used for comparison, research and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means. d. apply only in respect of serious offences murder and rape e. apply where the court finds the existence of ‘exceptional circumstances’ which justify a lesser offence Clear my choice Question 9 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT answer from the following statements a. A review is concerned with the substantive accuracy of the proceedings b. Review and appeal may be lodged simultaneously in respect of the same merits and/ or proceedings c. Appeal is concerned with the procedural accuracy of the proceedings d. Due to their different emphasis, review and appeal may not be lodged simultaneously in respect of the same merits and/ or proceedings e. A review is concerned with aspects such as the incorrectness of the judgment Clear my choice Question 10 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements Traditional plea bargaining a. does not entail a binding agreement in respect of the facts and the sentence to be imposed on the accused. Disclaimer Extreme care has been used to create this document, however the contents are provided “as is” without any representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the contents of this document. This document is to be used for comparison, research and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means. b. does not entail the defence and the prosecution holding the court to an agreement on sentence. c. is essentially informal in nature. d. is essentially formal in nature. e. binds the prosecution in accordance with the basic notions of fairness and justice. Clear my choice Question 11 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements a. An address by the accused on sentence should not include facts b. In criminal trials previous convictions must only be proved after conviction c. Youth is generally regarded as a mitigating factor in sentencing proceedings d. Any judicial officer may pass sentence after consideration of the evidence if the original judicial officer who convicted the accused is not available e. The accused must, without exception, only be sentenced by the judicial officer who convicted them in the first place Clear my choice Question 12 Not yet answered Marked out of 1.00 Flag question Disclaimer Extreme care has been used to create this document, however the contents are provided “as is” without any representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the contents of this document. This document is to be used for comparison, research and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means. Question text Choose the CORRECT answer from the following statements a. In sentencing terms, a caution does not constitute a valid sentence b. The case of S v Zinn 1969 (2) SA 537 (A) enjoins courts to employ a subjective analysis to sentencing c. ‘Punishment’ is always manifested in the form of a sentence d. South African courts generally enjoy limited sentencing discretion e. Retribution remains an integral sentencing consideration despite the courts’ duty to consider deterrence, prevention and rehabilitation Clear my choice Question 13 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT answer from the following statements a. Criminal records may be expunged automatically, or on application by the person concerned b. The expungement of criminal records in South African law is sanctioned by the common law c. Every person has the right to be pardoned in South African law d. The function of pardoning is the prerogative of the Minister of Justice e. A pardon may not be reviewed by the courts Clear my choice Question 14 Not yet answered Marked out of 1.00 Flag question Disclaimer Extreme care has been used to create this document, however the contents are provided “as is” without any representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the contents of this document. This document is to be used for comparison, research and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means. Question text Choose the INCORRECT answer from the following statements In respect of statutory plea bargaining, a. the agreement must be in writing. b. the agreement must be entered into after the commencement of the trial c. the agreement does not apply to a charge or charges on acceptance of plea during trial. d. the prosecutor can reach an agreement with the defence on the sentence to be imposed. e. the agreement must be entered into before the commencement of the trial. Clear my choice Question 15 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements The expungement of sentences may be effected, a. automatically in respect of certain offences b. only through legislative injunction Disclaimer Extreme care has been used to create this document, however the contents are provided “as is” without any representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the contents of this document. This document is to be used for comparison, research and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means. c. on application by the person concerned d. after a fixed period of time e. automatically in respect of all offences Clear my choice Question 16 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements Cross-examination a. is essentially conducted to elicit facts favourable to the cross-examiner’s case b. may be reserved by the court on good grounds shown c. may only be conducted by the defence d. is not confined to issues raised by the witness during examination-in-chief e. can be conducted by both the prosecution and the defence Clear my choice Question 17 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements The right to a fair trial Disclaimer Extreme care has been used to create this document, however the contents are provided “as is” without any representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the contents of this document. This document is to be used for comparison, research and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means. a. requires informed participation by the unrepresented accused b. encompasses the right to legal representation at state expense, if needs be. c. includes the right to be furnished with a reasonable explanation for a conviction d. extends to the whole society e. extends beyond the list of specific rights identified in s 35(3)(a)–(o) of the Constitution Clear my choice Question 18 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements a. A recalcitrant witness in a criminal trial is someone who refuses to take the oath or refuses to answer questions. b. The refusal to answer questions during a criminal trial empowers the court in terms of s 189 of the CPA sentence such person to a sentence of imprisonment. c. Section 189 of the CPA requires a potential witness to proffer a ‘reasonable excuse’ for refusing to answer questions. d. Disclaimer Extreme care has been used to create this document, however the contents are provided “as is” without any representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the contents of this document. This document is to be used for comparison, research and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means. A postponement refers to the period before the hearing starts, whereas an adjournment usually refers to a hearing that is already underway e. Either the prosecutor or the accused may compel the attendance of witnesses by way of a subpoena. Clear my choice Question 19 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements. In the regional court at the trial of an accused on a charge of murder, a. assessors must be appointed before the leading of evidence b. it is optional for the magistrate to sit with assessors c. the court may exercise its discretion to use assessors even where the accused waives the right to have assessors d. failure to consider the use of assessors constitutes a serious irregularity even where the accused had agreed to dispense with assessors e. it is peremptory for the magistrate to sit with one or two assessors Clear my choice Question 20 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT answer from the following statements a. Disclaimer Extreme care has been used to create this document, however the contents are provided “as is” without any representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the contents of this document. This document is to be used for comparison, research and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means. In the spirit of openness, the court does not have the discretion to disallow regarding the broadcast of proceedings before it. b. The broadcasting of court proceedings cannot be taken to apply generally without an order by the court allowing it. c. In an application for the broadcasting of proceedings the court must balance the exceptional circumstances involved in allowing the cameras into the courtroom against the degree of interest shown by the public in the case. d. The trial court must examine each application to broadcast proceedings using an objective test. e. When determining an application to broadcast proceedings speculation that prejudice might occur is sufficient to decline the application. Clear my choice Question 21 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT answer from the following statements a. In terms of s 153(1) of the CPA a court is empowered to exclude the public from the proceedings. b. In terms of s 153(2)(a) only the identity of the child accused is protected from disclosure. c. In terms of s 63(5) of the Child Justice Act, if the court finds it to be just and equitable and in the interest of the child, the court may allow the publication of all the information relating to the trial. Disclaimer Extreme care has been used to create this document, however the contents are provided “as is” without any representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the contents of this document. This document is to be used for comparison, research and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means. d. Once the public has been excluded from a trial in terms of s 153 of the CPA, the court may under no circumstances relax the conditions of exclusion. e. In terms of s 153(1) of the CPA a court is under no circumstances empowered to exclude the public from the proceedings. Clear my choice Question 22 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements The joinder of accused in the same criminal proceedings may take place a. after questioning in terms of s 112(1)(b) of the CPA b. at any time before any evidence is led in respect of the charge in question. c. at any time after evidence has been led in respect of the charge in question. d. before an inspection in loco is conducted. e. after the tendering of a plea explanation in terms of s 115 of the CPA. Clear my choice Question 23 Not yet answered Marked out of 1.00 Disclaimer Extreme care has been used to create this document, however the contents are provided “as is” without any representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the contents of this document. This document is to be used for comparison, research and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means. Flag question Question text Choose the CORRECT answer from the following statements a. The prosecution’s decision not to join a co-accused in a trial of the same offence infringes established criminal procedural rules, and renders the trial unfair b. Generally, persons charged on the same day should, in the interests of justice, be joined as co-accused in one trial c. The presiding officer as a ‘referee of the proceedings’ must direct the manner in which the prosecutor conducts their trial, for example, the sequence in which witnesses are called by the state d. A perpetrator complies with all the definitional elements of the crime e. The prosecution’s decision not to join a co-accused in a trial of the same offence infringes established criminal procedural rules, and renders the trial unfair Clear my choice Question 24 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT answer from the following statements a. In the High Court the presiding judge has no discretion on whether to sit with assessors in murder cases. b. In the High Court the presiding judge has a discretion on whether to sit with assessors in murder cases. Disclaimer Extreme care has been used to create this document, however the contents are provided “as is” without any representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the contents of this document. This document is to be used for comparison, research and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means. c. Where the court sits with two assessors and an assessor dies or becomes incapable of performing their duties as assessor, the remaining members of the court become functus officio. d. The assessor’s competence or lack thereof can be established subjectively. e. Where the court sits with two assessors and an assessor dies or becomes incapable of performing their duties as assessor, the presiding judge may acquit the accused summarily. Clear my choice Question 25 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT answer from the following statements a. Only a magistrate and not a judge is required to give reasons for any conclusions reached by them in respect any question of law or fact b. A judge is required to give reasons for any conclusions reached in respect any question of law or fact c. On appeal a trial court’s findings of fact are, in the absence of a demonstrable and material misdirection by the trial court, presumed to be correct, unless the presiding officer presumes otherwise d. An ex tempore judgment is a verdict which is given on appeal e. In a judgment, proper reasons essentially imply the mechanical regurgitation of the evidence given in court. Disclaimer Question 1 Not yet answered Marked out of 1.00 Flag question Question text The law of criminal procedure a. does not deal with the detection, investigation and prosecution of suspects and accused persons. b. is a branch of substantive law c. does not essentially deal with the detection, investigation and prosecution of criminals. d. determines , prescribes the elements that constitute, for example, the crime of rape e. deals with the detection, investigation and prosecution of criminals. Clear my choice Question 2 Not yet answered Marked out of 1.00 Flag question Question text The concept of the presumption of innocence essentially a. enjoins the prosecution to prove the accused’s guilt on a balance of probabilities. b. means that every person is regarded as guilty until he or she proves himself or herself innocent before a court of law. Disclaimer c. means that every person is regarded as innocent until proven guilty by a court prosecutor. d. requires the court to prove the accused’s guilt beyond a reasonable doubt. e. means that every person is regarded as innocent until properly convicted by a court of law Clear my choice Question 3 Not yet answered Marked out of 1.00 Flag question Question text The Supreme Court of Appeal. a. does sit as a court of first instance. b. has original sentencing jurisdiction c. may not alter an incorrect sentence of the trial court d. . is a court of appeal only Clear my choice Question 4 Not yet answered Marked out of 1.00 Flag question Disclaimer Question text As a general principle a. the courts of the Republic only exercise jurisdiction in respect of offences committed on South African territory b. the courts of the Republic may exercise jurisdiction with regard to offences committed everywhere else in the world c. the crime of genocide is not subject to the rules of prescription d. where it is uncertain in which of several jurisdictions an offence has been committed, the offence may be tried in any of such jurisdictions e. a South African court does not have jurisdiction to adjudicate upon an offence committed in a foreign state Clear my choice Question 5 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT answer from the following statements a. A regional court may only try the crimes of murder and rape b. A district court may not try any serious offences against the state. Disclaimer c. A regional court may not try the crimes of murder and rape d. A district court may not try the crime of murder. e. A regional court may try the crime of high reason Clear my choice Question 6 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements a. A South African court has the jurisdiction to hear a charge of theft committed in a foreign state b. An offence committed on board a South African aircraft is justiciable in South Africa. c. An offence committed by a South African citizen in Antarctica is justiciable in South Africa. d. A hijacking committed on board a foreign aircraft is not justiciable in South Africa under any circumstances. e. In general, the courts of the Republic of South Africa only exercise jurisdiction in respect of offences committed on South African territory only Clear my choice Question 7 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements a. Disclaimer A criminal court in which an accused is subsequently convicted may make an order of compensation to the victim of a crime who successfully recovers his or her losses in a civil action b. A criminal court in which an accused is subsequently convicted cannot make a compensatory order to the victim of a crime who successfully recovers his or her losses in a civil action c. The institution of a civil action based on certain facts against a specific person does not preclude the institution of a private prosecution against the same person, which arises out of the same facts d. The institution of a civil action against a specific person does not preclude the institution of a public or private prosecution against the same person, which arises out of the same facts e. In terms of s 342 of the Criminal Procedure Act 51 of 1977 the acquittal of an accused cannot prevent a civil action. Clear my choice Question 8 Not yet answered Marked out of 1.00 Flag question Question text The right to legal assistance a. is only useful during the trial and post-trial stages of the criminal proceedings b. should not necessarily to explained to a detainee or to an accused c. may only be exercised during the pre-trial stage of the criminal proceedings d. may be exercised at every stage of the criminal proceedings e. is not applicable to a detainee Clear my choice Disclaimer Question 9 Not yet answered Marked out of 1.00 Flag question Question text The concept of reasonableness is premised on the notion that a. law enforcement officers should act within the precepts of the law in the exercise of their powers b. action is necessary if a person really ‘believes’ or ‘suspects’ c. law enforcement officers should act rationally in the exercise of their powers d. any objective person in the circumstances would have held the same belief or suspicion e. any reasonable person in the circumstances would have held the same belief or suspicion Clear my choice Question 10 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements a. The notion of ‘justice’ should be seen in holistic and normative terms. b. Society’s wider interest in the combating of crime necessitates the limitation of the rights enshrined in the Bill of Rights. c. Disclaimer The rights in the Bill of Rights can only be limited in terms of the limitation clause in s 36 of the Constitution d. A limitation of the rights enshrined in the Bill of Rights cannot be premised on any grounds, including society’s wider interest in the combating of crime. e. The normative influence of human rights on the criminal justice process enjoins all lawenforcement officers apply the important precepts of the Constitution. Clear my choice Question 11 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT answer from the following statements a. A summons is ordinarily used in respect of a summary trial in a lower court b. An indictment is only used for the accused’s appearance in the regional court c. A written notice to appear is issued by a prosecutor for appearance in the high court d. A child-accused cannot be issued with a summons to appear in court e. An indictment may, in appropriate circumstances, be served on an accused for appearance in the regional court Clear my choice Question 12 Not yet answered Marked out of 1.00 Flag question Disclaimer Question text Choose the INCORRECT answer from the following statements a. Force may only be used by a police officer during arrest b. A private person may use force in effecting arrest c. Arrest must be carried out only in respect of certain circumstances d. A bad motive for arrest does not make an otherwise lawful arrest, unlawful e. A private person has the authority to arrest a suspect Clear my choice Question 13 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements a. In terms of section 1 of the Criminal Procedure Act, the term ‘premises’ refers to land or buildings only b. A police official may use reasonable force to overcome resistance against entry onto a premises, including the breaking of any door or window of such premises. c. In terms of section 1 of the Criminal Procedure Act, the term ‘premises’ refers not only to land or buildings but also to vehicles, ships and aircraft d. The police may, for purposes of investigation, enter any premises without a warrant for the purpose of interrogating a potential witness or suspect, and obtaining a statement from him or her. e. A police official may not enter any private dwelling without the consent of the occupier thereof Clear my choice Disclaimer Question 14 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements a. In terms of section 1 of the Criminal Procedure Act, the term ‘premises’ refers not only to land or buildings but also to vehicles, ships and aircraft b. The police may, for purposes of investigation, enter any premises without a warrant for the purpose of interrogating a potential witness or suspect, and obtaining a statement from him or her c. In terms of section 1 of the Criminal Procedure Act, the term ‘premises’ refers to land or buildings only d. A police official may not enter any private dwelling without the consent of the occupier thereof e. A police official may use reasonable force to overcome resistance against entry onto a premises, including the breaking of any door or window of such premises Clear my choice Question 15 Not yet answered Marked out of 1.00 Flag question Question text The following persons may be called upon to furnish their full name and address to a peace officer, namely, any person, a. whom a peace officer has the power to arrest b. who is reasonably suspected of having attempted to commit any offence c. who is reasonably suspected of having committed any offence Disclaimer d. who may, according to the court, be able to give evidence in regard to the commission or suspected commission of any offence e. who may, in his or her opinion, be able to give evidence in regard to the commission or suspected commission of any offence Clear my choice Question 16 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements a. There is no general legal duty on every person to furnish information regarding the commission of an offence to the police b. There is a legal duty on every arrestee to furnish their full name and address c. There is a general legal duty on every person to furnish information to the police regarding the commission of the crime of murder d. There is a general legal duty on every person to furnish information to the police regarding the commission of the crime of high treason e. The only common-law offence in respect of which a legal duty exists to provide information to the police is high treason Clear my choice Question 17 Not yet answered Marked out of 1.00 Flag question Question text The following prerequisites must be complied with before authorising a warrant, namely, that the warrant Disclaimer a. may describe, in a general sense, the scope of the powers granted to the searcher b. need not mention the offence under investigation c. must mention the offence being investigated d. need not identify the person, container or premises to be searched e. need not mention the statutory provision in terms of which the warrant is authorised Clear my choice Question 18 Not yet answered Marked out of 1.00 Flag question Question text A search warrant may be authorized a. only by a judge b. by the prosecutor c. by the investigating officer d. only by a magistrate e. by a judge or a magistrate Clear my choice Disclaimer Question 19 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements a. Only police officials are empowered to conduct searches and to seize objects with a warrant b. Private persons are empowered to conduct searches and to seize objects with a warrant. c. Both private persons and police officials are empowered to conduct searches or to seize objects without a warrant d. Private persons are not empowered to conduct searches and to seize objects with a warrant. e. A copy of the warrant should, whenever possible be provided before the search and/or seizure Clear my choice Question 20 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements a. An accused is entitled to apply for bail in court during their first appearance in court b. Release on police bail can only take place before an accused’s first appearance in a lower court c. Release on bail by a court can take place before an accused’s first appearance in a lower court Disclaimer d. An application for bail on new facts must always be brought before the lower court responsible for the refusal of bail in the first place e. Prosecutorial bail can only take place before an accused’s first appearance in a lower court Clear my choice Question 21 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT answer from the following statements a. Bail money must, at the conclusion of the case, be refunded only to the person who deposited the money in the first place b. After conviction, the accused’s bail may not be extended c. Failure by the accused to attend criminal proceedings does not constitutes a punishable criminal offence d. A third party may not pay bail money on behalf of the accused e. The cancellation of bail may only be effected by the court at the request of the prosecutor Clear my choice Question 22 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT answer from the following statements a. The personal opinion of a director of public prosecutions is inadmissible the determination of bail b. Bail proceedings are essentially accusatorial in nature Disclaimer c. Hearsay evidence is inadmissible in bail proceedings d. The court may not rely on the opinion of the investigating officer regarding the fact whether the accused will interfere with state witnesses e. Bail proceedings are essentially inquisitorial in nature Clear my choice Question 23 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT answer from the following statements a. In regional court proceedings an accused may be brought before the court through indictment b. A summary trial in a lower court is commenced by lodging an indictment drawn up by the clerk of the court c. In High Court proceedings an accused may be brought before the court through a charge sheet d. The service of a summons upon an accused must take place at least 21 days (Sundays and public holidays excluded) before the day of trial e. A written notice or arrest may be used for an accused’s appearance in court upon very short notice Clear my choice Question 24 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT answer from the following statements Disclaimer a. Section 88 authorises replacement of one offence with another offence proved by evidence b. Section 88 of the CPA requires a defect in the charge to be cured by the court c. Section 84(1) of the CPA specifically requires some elements of the offence to be mentioned in the charge d. Section 88 of the CPA requires a defect in the charge to be cured by evidence e. If the accused is charged with the offence of driving a motor vehicle without a valid drivers’ licence, the fact that the accused did not possess a drivers’ licence does not constitute a substantial element of the relevant offence Clear my choice Question 25 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT answer from the following statements a. The court may direct that the charges against an accused be tried separately, if in its opinion this will be in the interests of the accused b. No additional charges can be joined after questioning of the accused has commenced c. A joinder of accused may not take place after the trial has commenced d. In practice the prosecutor usually charges the accused with the least serious crime as the main charge, and the more serious offences as alternative charges e. A joinder of accused may only take place after the trial has commenced Disclaimer Extreme care has been used to create this document, however the contents are provided “as is” without any representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the contents of this document. This document is to be used for comparison, research and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means. LET US HELP YOU WITH YOUR STUDIES? now!! Guaranteed Quality Grades!! 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This document is to be used for comparison, research and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means. Disclaimer Extreme care has been used to create this document, however the contents are provided “as is” without any representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the contents of this document. This document is to be used for comparison, research and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means. CONFIDENTIAL This paper consists of 12 pages. INSTRUCTIONS FOR A FULL MCQ EXAM WITH ASSESSMENT INFO TOOL ON MYUNISA 1. The examination is consists of Multiple-Choice Question types only. 2. The examination question paper counts 80 marks and consists of 40 Multiple-Choice Questions each worth 2 marks. Answer all of the questions. 3. The duration of the examination is 2 hours. You will be allowed a further thirty (30) minutes after the conclusion of the official examination period to upload your examination responses (answers) onto the myUnisa platform for further processing. 4. This is a closed-book examination. While the examination is in progress, you are not allowed to consult another person or any source in order to assist you to answer any of the questions contained in this question paper. You may also not assist another student in answering any of the questions contained in this question paper. 5. The answers to this MCQ examination may only be submitted online on myUnisa. The Unisa MCQ App cannot be used for examination submissions. 5.1 Access myUnisa at and myUnisa password. 5.2 Click on the “myAdmin” tab in the top navigation Confidential CPR3701 Page 2 of 13 May/June 2020 5.3 In the “Assessments” submenu, click on the “Assessment Info” tool in the drop-down list • A list of all available assessments will display • Find the corresponding examination assessment number for your module • Click on the Submit link in the Action column and follow the steps described below. Step 1: Enter the total number of questions required for the assessment. • Enter the total number of questions for your assessment in the Number of Questions field • Click on the Continue button. Step 2: Fill out multiple-choice question answers The number of questions requested in the previous step will now be displayed with five answer options next to each one. Please note that each row represents a question in your assignment. • Click on the radio button [the small circle] that corresponds to your answer for that question. • Click on the Continue button to move to step 3. • If you want to restart the assignment, click on Clear Form to removeall your selections and start from new. Step 3: Verify the answers to your multiple-choice assignment This screen presents a summary of all your answers. Use it as a final check. • Click on the Continue button to submit your assignment. If you do not click Continue, no submission action will take place. • If you want to redo the answers to the assignment, click Back to go back to the previous step. Step 4: Assessment submission report This is your proof that your examination answers were successfully submitted. If you do not see this screen, Unisa has not received your submission. It is advisable to print this page or make a screen capture for record purposes. A copy of this page will also be emailed to your myLife email account. PLEASE NOTE: If you experience technical problems, of any kind, on the day of the examination and your examination answers are not submitted by the cut-off time, you will be marked as absent and automatically deferred to the October/November 2020 examination. No other type of submission of your examination answers will be accepted. Confidential CPR3701 Page 3 of 13 May/June 2020 Question 1 In general. (a) a trial may take place in the absence of the accused where he/she waives his/her right to attend. (b) the verdict and sentence must, notwithstanding (a) above, be handed down in the presence of the accused or his/her duly authorised representative. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (b) is incorrect. [4] Only statement (a) is incorrect. Question 2 The exceptions to the general rule that a trial must take place in the presence of the accused may include: (a) exclusion of the accused due to the misbehaviour of the accused person’s witnesses (b) the situation where a co-accused applies to court to exclude an accused [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Question 3 (a) The charges against an accused are formulated before the completion of the investigation. (b) An accused is required to plead to the charges and undergo a preparatory examination before he/she is arraigned for trial. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Question 4 (a) A plea of autrefois acquit cannot be sustained in terms of section 122A of the CPA. (b) A plea of autrefois convict cannot be sustained in terms of section 122A of the CPA. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Confidential CPR3701 Page 4 of 13 May/June 2020 Question 5 (a) Section 205 is specially designed to compel a potential witness to reveal his knowledge of an alleged crime, which he or she refuses to disclose to the police. (b) In certain circumstances, searches may be conducted without a warrant. [1] All of the statements are incorrect. [2] All of the statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Question 6 (a) Bail is a form of monetary release from custody. (b) Bail is inherently penal in nature. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Question 7 (a) During a bail application, the court may consider, as a factor, the prevalence of the type of crime with which the accused has been charged. (b) The accused person’s previous convictions or pending charges are irrelevant for purposes of bail. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Question 8 (a) The strict rules of evidence are relaxed during bail applications. (b) Hearsay is admissible during a bail application. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Confidential CPR3701 Page 5 of 13 May/June 2020 Question 9 (a) A charge sheet (or indictment) does not necessarily have to disclose an offence in order to be valid. (b) An indictment must be served on the accused at most 14 days before the trial. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Question 10 (a) In principle, an accused is entitled to access exculpatory documents in the docket. (b) Where an accused is charged with a common law offence, the only requirement is that the offence should be named in order for the charge sheet to be valid. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Question 11 (a) Where a charge is defective because of the lack of an express averment which is an essential ingredient of the relevant offence, the defect can be cured by evidence at the trial proving the matter which should have been averred. (b) Section 86 makes provision for amendment of the charge, and requires that the proposed amendment must differ to such an extent from the original charge that it is in essence another charge. [1] Both statements are incorrect. [2] Both the statements are correct. [3] Only statement (a) is incorrect. [4] Only statements (b) is incorrect. Question 12 (a) The court must enter a plea of not guilty if the accused refuses to plead or answer directly to the charge. (b) If the totality of the accused’s criminal conduct can be accommodated in one single charge, the accused may not be convicted on multiple charges. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Confidential CPR3701 Page 6 of 13 May/June 2020 Question 13 (a) The rule against the splitting of charges was in fact always directed at the duplication of convictions, and was designed to apply in the field of punishment. (b) Where an accused is charged with both rape and incest arising from the same act of intercourse, he will be convicted of both offences. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Question 14 (a) Threatening a judicial officer materially affects his or her impartiality, and his or her refusal to recuse himself or herself on this ground is, therefore, irregular. (b) An accused may plead truth and public benefit where the charge is one of criminal defamation. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Question 15 (a) In terms of section 84(1) of the CPA, any prosecutor who realizes that he has incorrectly charged the accused person, may correct the defect by way of evidence. (b) The Court in Barkett’s Transport (Edms) Bpk 1988 (1) SA 157 (A) held that Section 86 makes provision for the amendment of the charge and not for the replacement thereof by an altogether new charge. [1] Both statements are incorrect. (2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Question 16 (a) Where the plea of an accused is ambiguous, the court must enter a plea of not guilty and question the accused in terms of section 115 of the CPA. (b) Truth and public benefit constitute a valid plea in terms of section 106 of the CPA. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (b) is incorrect. [4] Only statement (a) is incorrect. Confidential CPR3701 Page 7 of 13 May/June 2020 Question 17 (a) The Constitution entrenches the right to a public trial. (b) The right to a public trial can be validly limited where necessary. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Question 18 (a) Any number of participants in the same offence may be tried jointly. (b) Any number of accessories after the same fact may be tried jointly. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Question 19 (a) Section 336 of the CPA provides that, where an act constitutes an offence under a statutory and a common law provision, the accused can be convicted and sentenced under either the statutory or common law provision. (b) A court can order the removal of a trial from one venue to another venue if the court deems it necessary or expedient. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Question 20 (a) It is not necessary for the court to question an accused who has pleaded guilty in terms of section 112 of the CPA. (c) Section 115 of the CPA can be used to alter a plea of guilty to one of not guilty where, during the arraignment phases, the court finds that the accused has a defence. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Confidential CPR3701 Page 8 of 13 May/June 2020 Question 21 (a) Section 186 of the Criminal Procedure Act empowers the court to recall witnesses who have previously testified at the trial so that they can be examined by the court. (b) In terms of section 63(4) of the Child Justice Act, the court may not interfere in the cross- examination of a child. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Question 22 (a) An accused may not be discharged at the end of the state’s case if there is a possibility that he or she will incriminate himself or herself during his or her defence. (b) The constitutional right of the public to justice demands that an application in terms of section 174 (CPA) be denied if there is a reasonable possibility that the accused will discharge the burden of proof in his or her defence. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Question 23 (a) If there is no proof that the accused was a perpetrator or co-perpetrator or accomplice in the crime charged, he or she may be convicted as an accessory after the fact to the crime charged, should there indeed be proof that he or she acted in such capacity. (b) The court becomes functus officio after delivery of the judgment. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Confidential CPR3701 Page 9 of 13 May/June 2020 Question 24 (a) If a court is satisfied that substantial and compelling circumstances exist which justify a lesser sentence, it must deviate from the sentence prescribed. (b) After previous convictions have been proven, the accused is entitled to lead evidence in aggravation of sentence. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Question 25 (a) There are limitations to the length of time for which a child justice proceeding can be postponed. (b) A fair trial includes the right to a speedy trial. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statements (a) is incorrect. [4] Only statement (b) is incorrect. Question 26 (a) Section 115 of the CPA allows the accused to plead not guilty but to admit to certain elements of the offence. (b) Statutory plea bargaining can only take place where the accused is represented. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Question 27 (a) At the end of a criminal trial, the court must consider and deliver its verdict based on the state’s ability to satisfy its burden of proof. (b) An extempore judgment is one in which the court postpones its judgment owing to the complexity of the merits. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Confidential CPR3701 Page 10 of 13 May/June 2020 Question 28 (a) A sentence is any measure applied by a court to the person convicted of a crime and which finalises the case, except where specific provision is made for reconsideration of that measure. (b) In practice, after conviction, the accused indicates his or her previous convictions. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Question 29 (a) Declaration as a dangerous criminal is a sui generis sentence which negates the traditional jurisdiction of the district court. (b) A habitual criminal is one considered by society to be potentially harmful. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Question 30 (a) If an adult accused wishes to appeal the decision of a lower court, no leave to appeal is required. (b) An accused who is dissatisfied with the decision of a lower court on fact or law may bring the matter before a division of a higher court by way of appeal or review. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Question 31 (a) If an appellant who has noted and prosecuted his or her appeal fails to appear, the court may summarily dismiss the appeal because of his or her non-appearance. (b) It is a general rule that there is no appeal before conviction. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Confidential CPR3701 Page 11 of 13 May/June 2020 Question 32 (a) In the case of an adult offender, it is possible for his or her record to be expunged automatically, on application or after a fixed period. (b) In the case of a child offender, his or her record is expunged automatically at the age of 18. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Question 33 (a) As soon as an assessor receives information detrimental to the accused which has not been proved in evidence, he/she must recuse himself/herself from the case. (b) An assessor must show absolute partiality at all times: [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Question 34 Some of the requirements of the test for the presence of judicial bias entail that: (a) There must be a suspicion that the judicial officer might be, not would be, biased. (b) The suspicion must be that of a reasonable person in the position of the accused. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Confidential CPR3701 Page 12 of 13 May/June 2020 Question 35 The standards which must be maintained by the judicial officer in the questioning of witnesses as set out in Mabuza 1991 (1) SACR 636 (O) are, amongst others that: (a) The court should not conduct its questioning in such a manner that its impartiality can be questioned or doubted. (b) The court should not intimidate or upset a witness or the accused so that his answers are weakened, or his credibility shaken. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Question 36 (a) The principle of finality demands that the state and the accused have an opportunity to reopen their cases where they previously failed to examine evidence introduced in the main trial. (b) In terms of the CJA, open justice is generally limited. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Question 37 The following are some of the circumstances under which a plea may be changed from ‘guilty’ to ‘not guilty’, namely: (a) if the court is in doubt as to whether the accused is, in law guilty of the offence to which he or she has pleaded guilty, or; (b) the court doubts whether or not the accused admits an allegation in the charge sheet, or; [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Confidential CPR3701 Page 13 of 13 May/June 2020 Question 38 (a) An appeal is employed to challenge a conviction or sentence, or both. (b) A review is used to address the situation where a party is aggrieved about an irregularity which occurred in arriving at the conviction. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Question 39 The Constitutional Court in Ex Parte: Minister of Safety and Security: In re: S v Walters 2002 (4) SA 613 (CC), stated that the shooting of a fleeing suspect is not permitted unless: (a) The suspect poses a threat of violence to the arrester or others. (b) The suspect is alleged, on reasonable grounds of having committed a crime involving the infliction or threatened infliction of serious bodily harm. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Question 40 (a) The appeal court will not interfere with the trial court’s exercise of discretion, unless the appeal court is convinced that the trial court has not exercised its discretion properly. (b) If the application for leave to appeal is refused in the high court, the appellant may address a petition to the president of the Republic of South Africa. [1] Both statements are incorrect. [2] Both statements are correct. [3] Only statement (a) is incorrect. [4] Only statement (b) is incorrect. Total: [80] © Unisa 2020 STUDENTS PLEASE NOTE THAT QUESTIONS MAY BE RE SHUFFLED BY THE SYSTEM , PLEASE READ QUESTIONS CAREFULLY BEFORE SUBMITTING AN ANSWER, ALSO DOUBLE CHECK IF THEY ARE ASKING FOR THE CORRECT OR INCORRECT ANSWER FROM THE CHOICES PROVIDED 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 Reference : Criminal Procedure Handbook 12th Ed (E Book) Page 259 A failure to give consideration to having assessors constitutes a serious irregularity even where the accused had agreed to dispense with assessors—Mitshama 2000 (2) SACR 181 (W). 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 Reference : Criminal Procedure Handbook 12th Ed (E Book) Page 260 Criminal cases in the High Court are tried either by a judge sitting alone or by a judge and one or two assessors. The presiding judge generally has a discretion whether or not to sit with assessors. QUESTION 3 The test for judicial bias essentially requires that, a. The suspicion of bias must be based on foreseeable grounds b. There must be a suspicion that the judicial officer would be, not might be, biased c. The suspicion of bias must be that of any reasonable person d. The suspicion of bias must be one which is the reasonable person referred to might, not would, have held e. The suspicion must be that of a reasonable person in the position of the accused. Reference : Criminal Procedure Handbook 12th Ed (E Book) Page 263 The requirements of the test for the presence of judicial bias are: There must be a suspicion that the judicial officer might be, not would be, biased. The suspicion must be that of a reasonable person in the position of the accused. The suspicion must be based on reasonable grounds. The suspicion must be one which the reasonable person referred to would, not might, have held. QUESTION 4 The court must enter a plea of not