All four (4) sections of this paper are compulsory and must be completed on one
examination script.
NB: PLEASE NOTE THAT ALL THE QUESTIONS BELOW REFER TO THE SET OF FACTS
SET OUT BELOW:
In 1988 Ed Crooke and two accomplices, Adam Swindler and Petty Thief allegedly committed the
crimes of r...
1.1 Substantive law governs the rules that determine whether or not particular conduct
constitutes a crime. According to the facts set out above, the part of the facts that
constitutes substantive law is the alleged crime of robbery with aggravating
circumstances committed by Ed Crooke and his accomplices in the Republic of
Zamunda in 1988.
1.2 Adjectival/Procedural Law determines the rules of procedure which must be
followed in criminal proceedings. According to the facts set out above, the part of the
scenario that deals with Procedural/Adjectival Law is Ed's arrest by the police in the
Republic of South Africa in 2010.
1.3 The prosecutor, Cruella Persecutor, is of the view that the charge of robbery with
aggravating circumstances may be tried in the district court. This is possible because
Ed is currently 72 years old and was arrested in South Africa, which suggests that the
crime may be tried under South African laws.
1.4 In terms of section 18 of the Criminal Procedural Act 51 of 1977, the right to
prosecute offences by the State lapses after a period of 20 years from the time when
the offence was originally committed. Since Ed and his accomplices allegedly
committed the crime in 1988, it is unlikely that Ed and his accomplices may be
prosecuted in a South African court on the basis of the alleged offence.
, 1.5 On a charge of robbery with aggravating circumstances in the subsequent trial, Ed
and his accomplices plead not guilty. At this stage of the proceedings, it is unlikely that
the State may withdraw the case as Ed has already been arrested.
1.6 When the South African authorities contemplate the arrest of Ed and his
accomplices, the arrest of suspects must be based on a “reasonable ground” or belief
that the arrest is indeed necessary. Two instances in which a police officer effecting the
arrest of suspects will objectively be deemed to have “reasonable grounds to effect
arrest” are:
▪ If there is evidence suggesting that Ed and his accomplices were about to leave
South Africa.
▪ If there is evidence linking Ed and his accomplices to the crime committed in
1988.
SECTION 2
QUESTION 2
Use of force in effecting an arrest As a general rule, force may not be used in order to
effect an arrest. If the person that is to be arrested submits himself or herself to the
arrest, force may not be used. Therefore, the need to use force can only arise in those
circumstances in which the use of force is necessary to overcome resistance to the
arrest or to prevent the suspect from fleeing. The use of force in order to punish the
person who is to be arrested will always be unlawful. Section 12(1)(c)-(e) of the
Constitution avers that every person shall have the right to freedom and security of the
person, which inter alia includes the right to be free from all forms of violence from
either public or private sources; not to be tortured in any way; and not to be treated or
punished in a cruel, inhumane or degrading way. Hence use of force in effecting an
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