CPR3701
Assignment 1
(COMPLETE ANSWERS)
Semester 1 2025
DUE March 2025
, ACTIVITIES
A and B are subsequently arrested a few weeks after the robbery. A, B, C and D apply for bail. The
prosecutor, Ms. PP, argues, during the bail proceedings, that the accused will be charged, in the
subsequent criminal trial, with robbery with aggravating circumstances. The accused contend, on the
other hand, that the State does not have a strong case against them, and that “the interests of
justice” justify their release on bail. During the bail application, Ms.PP, is adamant that the accused
must not be granted bail. She further contends before court, that (a) the crime of robbery with
aggravating circumstances is classified under Schedule 5 of the Criminal Procedure Act; and (1) (b)
the prosecution must discharge its onus beyond any reasonable doubt; (2) (c) in terms of section
60(11)(a) the prosecution bears the onus to prove to the court beyond any reasonable doubt that
“substantial and compelling” circumstances exist which justify release on bail (2) Discuss the accuracy
or otherwise dynamics of the aspects referred to in (a), (b) and Four assailants, A, B, C and D are
engaged in an armed robbery at Shiny Things, a jewellery store located inside the Mall For All
shopping centre in Kimberley, Northern Cape. During the ensuing fracas, a firefight ensues, as the
security guards employed by the shopping centre attempt to foil the robbery. A is arrested inside the
jewellery store by F, one of the security guards. However, B, C and D manage to escape with an
undisclosed amount in fine jewellery and cash. 1. B and C are subsequently arrested two weeks later
in Cape Town, Western Cape, in the process of committing another robbery. (a) Briefly state the
court(s) (according to the hierarchy of courts, not the location) which should enjoy trial jurisdiction in
respect of the charges set out above, and the reason why the case may be heard in the jurisdiction(s)
concerned; (3) (b) Critically evaluate which court should enjoy jurisdiction over A, B and C, in light of
the facts set out above. (4) 2. 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 (the accused) were arrested on Tuesday at 10h00, and detained at the Cape Town police
station, whilst awaiting to be transferred to Kimberley, to be joined with A in respect of the robbery
committed in Kimberley. Inspector Nosey Kekana only brings the accused before court on Friday (of
the same week), at 15h00. The accused subsequently challenge their detention as unlawful and
Assignment 1
(COMPLETE ANSWERS)
Semester 1 2025
DUE March 2025
, ACTIVITIES
A and B are subsequently arrested a few weeks after the robbery. A, B, C and D apply for bail. The
prosecutor, Ms. PP, argues, during the bail proceedings, that the accused will be charged, in the
subsequent criminal trial, with robbery with aggravating circumstances. The accused contend, on the
other hand, that the State does not have a strong case against them, and that “the interests of
justice” justify their release on bail. During the bail application, Ms.PP, is adamant that the accused
must not be granted bail. She further contends before court, that (a) the crime of robbery with
aggravating circumstances is classified under Schedule 5 of the Criminal Procedure Act; and (1) (b)
the prosecution must discharge its onus beyond any reasonable doubt; (2) (c) in terms of section
60(11)(a) the prosecution bears the onus to prove to the court beyond any reasonable doubt that
“substantial and compelling” circumstances exist which justify release on bail (2) Discuss the accuracy
or otherwise dynamics of the aspects referred to in (a), (b) and Four assailants, A, B, C and D are
engaged in an armed robbery at Shiny Things, a jewellery store located inside the Mall For All
shopping centre in Kimberley, Northern Cape. During the ensuing fracas, a firefight ensues, as the
security guards employed by the shopping centre attempt to foil the robbery. A is arrested inside the
jewellery store by F, one of the security guards. However, B, C and D manage to escape with an
undisclosed amount in fine jewellery and cash. 1. B and C are subsequently arrested two weeks later
in Cape Town, Western Cape, in the process of committing another robbery. (a) Briefly state the
court(s) (according to the hierarchy of courts, not the location) which should enjoy trial jurisdiction in
respect of the charges set out above, and the reason why the case may be heard in the jurisdiction(s)
concerned; (3) (b) Critically evaluate which court should enjoy jurisdiction over A, B and C, in light of
the facts set out above. (4) 2. 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 (the accused) were arrested on Tuesday at 10h00, and detained at the Cape Town police
station, whilst awaiting to be transferred to Kimberley, to be joined with A in respect of the robbery
committed in Kimberley. Inspector Nosey Kekana only brings the accused before court on Friday (of
the same week), at 15h00. The accused subsequently challenge their detention as unlawful and
