CPR3701 Assignment 1 2025 Semester 1 - DUE March 2025

CPR3701 Assignment 1 (COMPLETE QUESTIONS & ANSWERS) Semester 1 2025 - DUE March 2025 ;100 % TRUSTED workings, Expert Solved, Explanations and Solutions. For assistance call or W.h.a.t.s.a.p.p us on ...(.+.2.5.4.7.7.9.5.4.0.1.3.2)........... CPR3701 Assignment 1 – Semester 1, 2025 Due Date: March 2025 Scenario: Four assailants—A, B, C, and D—carry out an armed robbery at Shiny Things, a jewellery store located inside the Mall For All shopping centre in Kimberley, Northern Cape. During the robbery, a firefight breaks out as security guards employed by the shopping centre attempt to intervene. A is apprehended inside the jewellery store by F, one of the security guards. B, C, and D manage to escape, taking with them an undisclosed amount of fine jewellery and cash. Two weeks later, B and C are arrested in Cape Town, Western Cape, while committing another robbery. Subsequently, A, B, C, and D are arrested and apply for bail. During the bail proceedings, the prosecutor, Ms. PP, argues that the accused will face charges of robbery with aggravating circumstances in the criminal trial. The accused assert that the State lacks a strong case against them and that their release on bail is justified in the “interests of justice.” However, Ms. PP opposes bail and presents the following arguments to the court: The crime of robbery with aggravating circumstances is classified under Schedule 5 of the Criminal Procedure Act. The prosecution must discharge its onus beyond any reasonable doubt. In terms of section 60(11)(a) of the Criminal Procedure Act, the prosecution bears the onus of proving to the court beyond any reasonable doubt that “substantial and compelling” circumstances exist that justify the release on bail. Instructions: Critically discuss the accuracy or otherwise of the aspects referred to in points (1), (2), and (3). Questions: 1. Jurisdiction of the Courts (a) Identify the court(s) (according to the hierarchy of courts, not the location) that should have trial jurisdiction over the charges described above. Explain why the case may fall under the specified court(s)’ jurisdiction. (3) (b) Critically evaluate which court should have jurisdiction over A, B, and C in light of the facts provided. (4) 2. Detention Challenge In terms of section 35(3)(d) of the Constitution and section 50 of the Criminal Procedure Act, an arrestee must be brought before court as soon as reasonably possible. B and C were arrested on Tuesday at 10h00 and detained at the Cape Town police station while awaiting transfer to Kimberley to join A in respect of the robbery committed there. Inspector Nosey Kekana brought the accused before the court only on Friday at 15h00 of the same week. The accused challenge their detention as unlawful.