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CPR November Exam Scope Questions Answered

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CPR November Exam Scope Questions Answered

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  • October 24, 2019
  • 32
  • 2019/2020
  • Answers
  • Unknown

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By: zahrasg101 • 3 year ago

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By: zizyerol • 4 year ago

a very summarised version, requires you to have already studied in order to understand but overall its okm.

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Available practice questions

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Some examples from this set of practice questions

1.

discuss the classes of persons who qualify for locus standi in a private prosecution under certificate nolle prosequi

Answer: Locus standi of PP  Private person who prove substaintial interest in outcome of issue arising out of an injury he personally suffered in consequence to the offense.  Husband, if offense committed in respect of wife.  Wife, child, next of kin of deceased person.  Legal guardian, curator of minor or lunatic if offense committed against his ward.

2.

Discuss the jurisdiction of regional and district courts in respect of offences.

Answer: District Courts  All crimes except treason, murder and rape.  May hear some serious crimes against the state.  Regional Courts o All crimes except treason.

3.

Discuss the circumstances under which prosecution against an accused may be withdrawn or stopped.

Answer: Withdrawn: Sec 6(a) CPA, permisiion of dpp: no, Verdict of acquital: no, reinstitution of proceedings: May be prosecuted again if new evidence is discovered, When: Before accused has pleaded Stopped Relevant Section 6(b) CPA, Permission of DPP: Yes, Verdict of Acquittal: Yes, Reinstitution of Proceedings: Successfully rely on plea of autrefois acquit if prosecuted again for same offence. When: After plea, before conviction

4.

Discuss the circumstances under which a nolle prosequi may be granted by the prosecutor, in the instance where he decides not to prosecute

Answer: Private Prosecutor must request a certificate nolle prosequi from DPP. circumstances under which a nolle prosequi may be granted: Nature & Seriousness of offence: Effect of crime on victim, manner committed, motivation, relationship between accused and victim. Effect on public peace and security. Interests of Victim & Broader Community: Necessity of maintaining public confidence in criminal justice system. Would prosecution be deemed counterproductive? Circumstances of Offender: Previous convictions, personal circumstances, mitigating & aggravating factors.

5.

Briefly discuss the rights of Truth Seeker and Ed in this regard

Answer: Section 35(2) of Constitution: Every detained person has right to remain silent & to not make any confessions.

6.

Discuss, with reference to the CPA, articles which may be seized from as suspect and the exceptions thereto.

Answer: Section 20 of CPA: an article (a) which is concerned in or is on reasonable grounds believed to be concerned in the commission or suspected commission of an offence, whether within the Republic or elsewhere (b) which may afford evidence of the commission or suspected commission of an offence, whether within the Republic or elsewhere; or (c) which is intended to be used or is on reasonable grounds believed to be intended to be used in the commission of an offence. EXCEPTION: documents which are privileged & of which the holder of privilege has not yet surrendered his privilege.

7.

In light of your submission in (a) do the articles seized by Captain Trigger Happy qualify for seizure under the CPA?

Answer: No, as household goods do not constitute any form of article mentioned in Section 20 of the CPA.

8.

Discuss the formal structure of the document which is prepared by the prosecution for court proceedings in respect of the lower court.

Answer: Charge Sheet: Particulars furnished are: i. Name of offence for which accused is indicted ii. All elements of crime iii. Date on which & place where offence was allegedly committed iv. Person against whom offence was allegedly committed

9.

Discuss the formal and procedural aspects of the document which is prepared by the prosecution for court proceedings in respect of the high court.

Answer: Indictment: drawn up in terms of the DPP  Formal Aspects:  Charges against the accused  Name, address, sex, nationality & age of accused  Summary of substantial facts of the case  Procedural Aspects: o Served on Accused in accordance with rules of court o Indictment Notice of Trail must be served on accused at least 10 days before trail (unless accused agrees to less). o Served by handing it to accused in same manner as summons, or by Magistrate who commits him to superior court for trial.

10.

Discuss the circumstances under which the court may correct the plea of ‘guilty’ to that of ‘not guilty’.

Answer: Section 112 of CPA: where a court at any stage before sentence in passed is in doubt whether the accused is… i. In law guilty of offence to which pleaded guilty. ii. Court is satisfied that accused does not admit an allegation in the charge. iii. The accused has incorrectly admitted any such allegation. iv. Has valid defence to charge. v. Court is of the opinion for any other reason that accused’s plea of guilt should not stand.

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