CPR3701 ASSIGNMENT 3 MEMO 2021 SUPER SEMESTER UNISA

Assignment questions 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. (c) The right to be present can be limited in certain circumstances. [1] None of the statements is correct. [2] All of the statements are correct. [3] Only statement (a) is correct. [4] Only statements (b) and (c) are correct. Question 2 The general rule is that a trial must take place in the presence of the accused. There are certain exceptions to this rule. Which of the following constitute(s) legitimate exceptions to the rule? (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. (c) Instances where the accused gives evidence by means of closed-circuit television or similar electronic media. [1] None of the statements is correct. [2] All of the statements are correct. [3] Only statements (a) and (b) are correct. [4] Only statement (c) is correct. 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. (c) A preparatory examination is also referred to as a summary trial in the district court. [1] None of the statements is correct. [2] All of the statements are correct. [3] Only statements (a) and (b) are correct. [4] Only statement (c) is correct. 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. (c) A plea of guilty in terms of section 122A of the CPA is identical in nature to a plea of guilty in terms of section 106 of the CPA. [1] None of the statements is correct. [2] All of the statements are correct. [3] Only statements (a) and (b) are correct. [4] Only statement (c) is correct. Question 5 (a) A preparatory examination is NOT considered a criminal proceeding. (b) The final decision in a preparatory examination rests with the court. (c) During a preparatory examination, the accused is required to plead at the commencement of the examination. [1] None of the statements is correct. [2] All of the statements are correct. [3] Only statements (a) and (b) are correct. [4] Only statement (c) is correct. Question 6 (a) Bail is a form of monetary release from custody. (b) Bail is inherently penal in nature. (c) Bail can be used to deter other would-be offenders. [1] None of the statements is correct. [2] All of the statements are correct. [3] Only statements (a) and (c) are correct. [4] Only statement (b) is correct. 10 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 when the granting of bail is considered. (c) In limited instances, bail can be granted by the police. [1] None of the statements is correct. [2] All of the statements are correct. [3] Only statements (a) and (c) are correct. [4] Only statement (b) is correct. Question 8 (a) The strict rules of evidence are relaxed during bail applications. (b) Hearsay is admissible during a bail application. (c) Previous convictions may be proved by the state during a bail application. [1] None of the statements is correct. [2] All of the statements are correct. [3] Only statements (a) and (b) are correct. [4] Only statement (c) is correct. 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. (c) It is mandatory for the prosecution to attach a list of witnesses to the charge sheet. [1] None of the statements is correct. [2] All of the statements are correct. [3] Only statement (a) is correct. [4] Only statement (a) and (b) are correct. 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 it be named in order for the charge sheet to be valid. (c) Sections 86 and 88 of the CPA make provision for the same action in respect of the correction of a defect in the charge sheet. [1] None of the statements is correct. [2] All of the statements are correct. [3] Only statement (a) is correct. [4] Only statement (b) is correct. CPR3701/001/3/2021 11 Question 11 (a) Where a charge is defective for want of an averment that 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. (c) When the accused is called upon to plead to a charge and it appears uncertain whether he or she is capable of understanding the proceedings at the trial so as to be able to make a proper defence, an enquiry into his or her mental state must be made by the court, with the assistance of a general medical practitioner. [1] None of the statements is correct. [2] All of the statements are correct. [3] Only statement (a) is correct. [4] Only statement (b) is orrect. 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. (c) An accused can now be found guilty even though the indictment does NOT disclose an offence, as long as the evidence proves the offence. [1] None of the statements is correct. [2] All of the statements are correct. [3] Only statement (b) is correct. [4] Only statements (a) and (c) are correct. 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. (c) If an assault is committed pursuant to or in the course of an attempt to escape, the accused should be convicted of one of these offences only. [1] None of the statements is correct. [2] All of the statements are correct. [3] Only statement (b) is correct. [4] Only statements (a) and (c) are correct. 12 Question 14 (a) Threatening a judicial officer will materially affect 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. (c) It is regular for a court to put questions directly to an accused who is represented. [1] None of the statements is correct. [2] All of the statements are correct. [3] Only statement (b) is correct. [4] Only statements (a) and (c) are correct. Question 15 (a) Circuit courts deviate jurisdictionally from the fixed division or seat of court. (b) A child justice court is any court established in terms of the Children’s Act 38 of 2005. (c) A child justice court can simultaneously serve as a children’s court where a child accused is affected by social or welfare issues. [1] None of the statements is correct. (2] All of the statements are correct. [3] Only statement (a) is correct. [4] Only statements (a) and (b) are correct. 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. (c) An accused cannot object to the information in a charge sheet or indictment, but can object to the fact that such charge sheet or indictment discloses insufficient detail. [1] None of the statements is correct. [2] All of the statements are correct. [3] Only statement (a) is correct. [4] Only statements (b) and (c) are correct. CPR3701/001/3/2021 13 Question 17 (a) The Constitution of the Republic of South Africa, 1996 entrenches the right to a public trial. (b) The right to a public trial can be validly limited where necessary. (c) In terms of the CJA, open justice is generally limited. [1] None of the statements is correct. [2] All of the statements are correct. [3] Only statement (c) is correct. [4] Only statements (a) and (b) are correct. 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. (c) Joinder is permissive and not imperative. [1] None of the statements is correct. [2] All of the statements are correct. [3] Only statement (c) is correct. [4] Only statement (b) is correct. Question 19 (a) Section 336 of the CPA provides that, where an act constitutes an offence under a statutory provision and the common law, the accused can be convicted and sentenced under either the statutory provision or the common law. (b) There is no consensus on the part of South African courts as to whether the conduct of a perpetrator that occurs over a long period of time should form the subject of a single conviction or multiple convictions. (c) A court can order the removal of a trial from one venue to another venue if the court deems it necessary or expedient. [1] None of the statements is correct. [2] All of the statements are correct. [3] Only statement (c) is correct. [4] Only statements (a) and (b) are correct. 14 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. (b) A child offender can plead guilty at the preliminary-inquiry stage in terms of section 112 of the CJA. (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] None of the statements is correct. [2] All of the statements are correct. [3] Only statement (c) is correct. [4] Only statements (a) and (b) are correct. TOTAL [20]