CPR3701 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024

CPR3701 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 - DUE September 2024 ; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.6.7-1.7.1-1.7.3.9. Ensure your success with us... Question 1 Complete Mark 0.00 out of 1.00 Question 2 Complete Mark 1.00 out of 1.00 QUIZ Choose the CORRECT answer from the following statements. In the regional court at the trial of an accused on a charge ofmurder: a. it is peremptory for the magistrate to sit with one or two assessors. b. it is optional for the magistrate to sit with assessors. c. the court cannot exercise a discretion to use assessors where the accused waives the right to have assessors. d. assessors may be appointed after the leading of evidence. e. failure to consider the use of assessors does not generally constitute a serious irregularity, even where the accusedhad agreed to dispense with assessors. Choose the CORRECT answer from the following statements: a. The prosecutor or the accused may compel the attendance of witnesses by way of a summons. b. A recalcitrant witness in a criminal trial is someone who proffers answers detrimental to the party who called themas a witness. c. A postponement refers to the period when the hearing is already underway, whereas an adjournment denotes theperiod before the trial starts. d. A recalcitrant witness in a criminal trial is someone who refuses to take the oath or refuses to answer questions. e. A witness’s sympathy with an accused’s political ideals constitutes a just excuse for the refusal to answer questions. 9/3/24, 12:27 PM Assessment 2: Attempt review 25.00/25.00 Grade 100.00 Question 3 Complete Mark 1.00 out of 1.00 Question 4 Complete Mark 1.00 out of 1.00 Question 5 Complete Mark 1.00 out of 1.00 Question 6 Complete Mark 1.00 out of 1.00 Choose the CORRECT answer from the following statements. In the context of a criminal trial previous convictions: a. only come into play before conviction. b. only come into play after sentence. c. do not in any way affect the sentence to be imposed. d. must be proved by the court. e. must be proved by the prosecution. Choose the INCORRECT answer from the following statements: a. A review is concerned with the procedural accuracy of the proceedings. b. Appeal is concerned with the substantive accuracy of the proceedings. c. A review is not concerned with aspects such as the incorrectness of the judgment. d. Review and appeal may be lodged simultaneously in respect of the same merits and/ or proceedings. e. Appeal is lodged by way of an application for notice of motion, whereas review is sought by way of leave to review. Choose the INCORRECT answer from the following statements: a. Every accused enjoys the right to be pardoned in South African law. b. The function of pardoning is the prerogative of the State President. c. The function of pardon exercised by the State President is reviewable by the courts. d. The head of the Criminal Record Centre of the South African Police Service is responsible for the removal of thecriminal record on the strength of the certifi cate of expungement. e. The certifi cate of expungement may be revoked by the Director-General or the Minister if it subsequently appearsthat the applicant did not qualify for the expungement of his or her criminal record. Choose the CORRECT answer from the following statements: a. Members of the public are not entitled to be informed of the conduct of criminal proceedings. b. The press must not be allowed to comment upon court proceedings that are sub iudicae. c. The court may not limit media access under any circumstances. d. Section 34 of the Constitution also commands the courts to decide matters in a public hearing. e. An accused’s right to a fair trial does not include the public’s right to be present during criminal proceedings. 9/3/24, 12:27 PM Assessment 2: Attempt review Question 7 Complete Mark 0.00 out of 1.00 Question 8 Complete Mark 1.00 out of 1.00 Question 9 Complete Mark 1.00 out of 1.00 Choose the CORRECT answer from the following statements: a. Generally, persons charged on the same day should in the interests of justice be joined as co-accused in one trial. b. The presiding offi cer as a referee of the proceedings must direct the manner in which the prosecutor conducts theirtrial, for example, the sequence in which witnesses are called by the state. c. A perpetrator and an accomplice do not denote the same person. d. An accomplice does not necessarily satisfy all the requirements for liability in the defi nition of the crime. e. The prosecution’s decision not to join a co-accused in a trial of the same offence infringes established criminalprocedural rules, and renders the trial unfair. Choose the INCORRECT answer from the following statements: a. The presiding judicial offi cer should have no communication whatever with either party except in the presence of theother. b. As a general rule, any presiding offi cer who is aware that he or she has any feeling of partiality, enmity or any motivewhich might actuate or be commonly supposed to actuate him or her in deciding a matter, should, mero motu recusehim- or herself from the case. c. It is grossly irregular for a presiding offi cer to hear an application for bail when he or she has previously taken down aconfession from the same accused. d. The application for recusal revolves around the notion that no reasonable man should, by reason of the situation oraction of a judicial offi cer, have grounds for suspecting that justice will not be administered in an impartial andunbiased manner. e. The test for impartiality revolves around the fact that in reality the judicial offi cer is impartial or is likely to beimpartial. Choose the CORRECT answer from the following statements: a. An oath may be administered by the prosecution. b. An affi rmation has the same legal force and effect as if the person making it had taken the oath. c. Admonishment to speak the truth does not have the same force and effect in respect of a witness who does notunderstand the nature and import of the oath. d. An oath must still be administered in the instance of an intellectually impaired person. e. A prosecutor may administer the oath in the absence of the presiding offi cer. 9/3/24, 12:27 PM Assessment 2: Attempt review Question 10 Complete Mark 1.00 out of 1.00 Question 11 Complete Mark 1.00 out of 1.00 Question 12 Complete Mark 0.00 out of 1.00 Choose the INCORRECT answer from the following statements: a. No person may be present at any session of a child justice court unless their presence is necessary in connectionwith the proceedings of that court. b. No person may be present at any session of a child justice court unless the presiding offi cer has granted thempermission to be present. c. Persons under the age of 18 are not entitled to attend any criminal trial unless they are actually giving evidence. d. A witness may, under no circumstances, be allowed to use or adopt a pseudonym for the purposes of the trial. e. 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 giveevidence by means of closed-circuit television or similar electronic media. Choose the CORRECT answer from the following statements. According to the rules relating to statutory plea bargainagreements: a. the prosecutor can reach an agreement with the presiding offi cer on the sentence to be imposed. b. the agreement must be informal. c. the agreement may be entered into during the appeal proceedings. d. the agreement applies to a charge or charges on acceptance of plea during trial. e. the agreement must be in writing. Choose the INCORRECT answer from the following statements: a. In terms of s 155(2) of the CPA a receiver of property obtained by means of an offence is regarded as a participant inthe commission of the offence. b. Joinder of accused persons is generally regarded as permissive and not imperative. c. The non-joinder of accused cannot be said to generally lead to an unfair trial. d. The court decides whether accused persons should be joined to a single trial. e. The prosecutor decides whether accused persons should be joined to a single trial. 9/3/24, 12:27 PM Assessment 2: Attempt review Question 13 Complete Mark 0.00 out of 1.00 Question 14 Complete Mark 1.00 out of 1.00 Question 15 Complete Mark 1.00 out of 1.00 Choose the INCORRECT answer from the following statements. A traditional plea bargain agreement: a. is essentially informal in nature. b. entails a binding agreement in respect of the facts, but not the sentence to be imposed. c. does not bind the court to an agreement on sentence. d. binds the prosecution in accordance with the basic notions of fairness and justice. e. must be in writing. Choose the CORRECT answer from the following statements. Cross-examination: a. can be conducted by both the prosecution and the defence. b. is confi ned to issues raised by the witness during re-examination. c. in general is essentially conducted to elicit facts favourable to the prosecution only. d. can only be conducted by the defence. e. may not be reserved by the court under any circumstances. Choose the INCORRECT answer from the following statements: a. In sentencing terms, a caution constitutes a valid sentence. b. Punishment does not always manifest itself in the form of a sentence. c. South African courts generally enjoy limited sentencing discretion. d. The case of S v Zinn 1969 (2) SA 537 (A) enjoins courts to employ an objective analysis to sentencing. e. Retribution remains an integral sentencing consideration despite the courts’ duty to consider deterrence, preventionand rehabilitation. 9/3/24, 12:27 PM Assessment 2: Attempt review Question 16 Complete Mark 1.00 out of 1.00 Question 17 Complete Mark 1.00 out of 1.00 Question 18 Complete Mark 0.00 out of 1.00 Question 19 Complete Mark 1.00 out of 1.00 Choose the INCORRECT answer from the following statements: a. A petition for the re-opening of a case in terms of section 327 of the CPA must be lodged with the Minister ofJustice. b. The President may, in the context of section 327 of the CPA direct that the conviction against the accused beexpunged. c. In South African law a prisoner has no right to be released on parole. d. In South African law a prisoner has a right to be considered for parole. e. In South African law a prisoner has the right to be released on parole. Choose the INCORRECT answer from the following statements. Examination-in-chief: a. is conducted by the party which called the witness in the fi rst place. b. precludes the questioner from posing leading questions. c. is conducted by both the prosecution and the defence on their respective witnesses. d. may only be conducted by the prosecution. e. aims to elicit answers favourable to the party which called the witness in the fi rst place. Choose the INCORRECT answer from the following statements. Minimum sentences: a. apply where the court fi nds the existence of compelling and substantial circumstances which justify a lesseroffence. b. do not apply to offenders under the age of 18 years. c. apply only in respect of serious offences such as murder and rape. d. should apply as the point of departure, and not departed from lightly. e. apply where the court fi nds the existence of exceptional circumstances which justify a lesser offence. Choose the INCORRECT answer from the following statements: a. A competent verdict is not possible where it is not expressly provided for statutorily. b. Where the express charge is not proved by the prosecution, the court may not resort to a competent verdict. c. Where the express charge is proved by the prosecution, the court may resort to a competent verdict. d. A conviction on the competent verdict must be regarded as an acquittal on the original charge. e. The prosecution is not entitled to a competent verdict simply because it has failed to prove the express charge. 9/3/24, 12:27 PM Assessment 2: Attempt review Question 20 Complete Mark 1.00 out of 1.00 Question 21 Complete Mark 0.00 out of 1.00 Question 22 Complete Mark 1.00 out of 1.00 Choose the INCORRECT answer from the following statements: a. An ex tempore judgment is a verdict which is given on appeal. b. A judge is required to give reasons for any conclusions reached by him or her in respect any question of law or fact. c. Both magistrates and judges are required to give reasons for any conclusions reached by them in respect anyquestion of law or fact. d. The absence of reasons has an adverse effect on the constitutional right of an accused of appeal to, or review by, ahigher court. e. On appeal a trial court’s fi ndings of fact are, in the absence of a demonstrable and material misdirection by the trialcourt, presumed to be correct, unless the recorded evidence shows these fi ndings to be clearly wrong. Choose the CORRECT answer from the following statements. In terms of the rules of criminal procedure, re-examination: a. succeeds cross-examination. b. is conducted by the opposing party. c. is confi ned to matters raised and covered during examination-in-chief. d. may only be conducted by the defence. e. may only be conducted by the prosecution. Choose the INCORRECT answer from the following statements. The principle of judicial impartiality entails, inter alia, that thepresiding offi cer should: a. not only ensure that justice is done, but that justice is seen to be done. b. refrain from cross-examining witnesses. c. only put questions to witnesses as a tool of eliciting the truth. d. put questions to witnesses as a tool of establishing the guilt of the accused. e. avoid descending into the arena of trial. 9/3/24, 12:27 PM Assessment 2: Attempt review Question 23 Complete Mark 1.00 out of 1.00 Question 24 Complete Mark 1.00 out of 1.00 Question 25 Complete Mark 1.00 out of 1.00 Choose the CORRECT answer from the following statements. A plea in respect of the charges against the accused may bedispensed with where: a. the accused pleads not guilty to the charge. b. the accused pleads autrefois acquit to the charge. c. the accused does not plead directly to the charges, but makes an exculpatory statement in which he or she admitscertain facts and disputes others. d. the accused objects to the framing of the charge in its current form. e. the accused answers questions negatively when asked by the court. Choose the INCORRECT answer from the following statements: a. The joinder of accused in the same criminal proceedings may take place at any time before any evidence is led inrespect of the charge in question. b. A plea explanation in respect of a plea of not guilty does not constitute evidence for the purposes of a joinder ofaccused. c. The accused who was arrested before the joinder should also be present in court when the joinder occurs. d. The accused who was arrested before the joinder may be absent in court during the joinder. e. An accused cannot be joined after an inspection in loco has been conducted. Choose the INCORRECT answer from the following statements: a. In the High Court the presiding judge generally has a discretion whether or not to sit with assessors. b. In the High Court, if an assessor dies or becomes unable to act as assessor at any time during a trial, the presidingjudge may direct that the trial proceed before the remaining member or members of the court. c. In the High Court, if an assessor dies or becomes unable to act as assessor at any time during a trial, the presidingjudge may direct that the trial begin de novo. d. The words unable to act in the context of section 147(1), implies physical as well as mental disabilities. e. The words unable to act in the context of section 147(1) the lack of mental disabilities only.