,CPR3701 Assignment 1 Semester 1 | Due March
2025
MULTIPLE-CHOICE
All questions answered. Read the following and answer the
questions below:
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. B) Critically evaluate
which court should enjoy jurisdiction over A, B and C, in light of
the facts
set out above. 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
“falling foul of legislative and Constitutional imperative”.
Critically evaluate the accused’s
argument, in light of the facts set out above. 3. After pleading
‘not guilty’ to the charges. Two state witnesses are led in
evidence. The court
sets down the case to a different date for further hearing.
Briefly explain whether the ‘setting
down’ of the case to a different date as explained above
constitutes a postponement or an
adjournment (and why you say so).
Question 1A: Court(s) for Trial Jurisdiction
In terms of the hierarchy of courts, the Regional Court would
likely have jurisdiction over the robbery charges in this case.
This is because robbery is generally classified as a regional court
offense, which deals with crimes of intermediate severity.
2025
MULTIPLE-CHOICE
All questions answered. Read the following and answer the
questions below:
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. B) Critically evaluate
which court should enjoy jurisdiction over A, B and C, in light of
the facts
set out above. 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
“falling foul of legislative and Constitutional imperative”.
Critically evaluate the accused’s
argument, in light of the facts set out above. 3. After pleading
‘not guilty’ to the charges. Two state witnesses are led in
evidence. The court
sets down the case to a different date for further hearing.
Briefly explain whether the ‘setting
down’ of the case to a different date as explained above
constitutes a postponement or an
adjournment (and why you say so).
Question 1A: Court(s) for Trial Jurisdiction
In terms of the hierarchy of courts, the Regional Court would
likely have jurisdiction over the robbery charges in this case.
This is because robbery is generally classified as a regional court
offense, which deals with crimes of intermediate severity.
