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CPR3701
Criminal Procedure
ASSIGNMENT 1 MEMO
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NOTES BOOKLET
SEMESTER 1 – 2025 - UNISA
UNIQUE NUMBER: -
DUE DATE: - 24 MARCH 2025
Footnotes/Bibliography included
ASSIGNMENT PREVIEW
Questions
Four assailants, A, B, C and D are engaged in an armed robbery at Shiny Thingz, 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.
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, Four assailants, A, B, C and D are engaged in an armed robbery at Shiny Thingz, 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 “falling foul of legislative and Constitutional imperative”. Critically evaluate
the accused’s argument, in light of the facts set out above. (5)
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). (3)