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
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Started on Tuesday, 3 September 2024, 11:52 AM
State Finished
Completed on Tuesday, 3 September 2024, 12:21 PM
Time taken 28 mins 49 secs
Marks 25.00/25.00
Grade 100.00 out of 100.00
Question 1
Complete
Mark 0.00 out of 1.00
Choose the CORRECT answer from the following statements. In the regional court at the trial of an accused on a charge of
murder:
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 accused
had agreed to dispense with assessors.
Question 2
Complete
Mark 1.00 out of 1.00
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 them
as a witness.
c. A postponement refers to the period when the hearing is already underway, whereas an adjournment denotes the
period 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.
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.
Question 4
Complete
Mark 1.00 out of 1.00
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.
Question 5
Complete
Mark 1.00 out of 1.00
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 the
criminal record on the strength of the certificate of expungement.
e. The certificate of expungement may be revoked by the Director-General or the Minister if it subsequently appears
that the applicant did not qualify for the expungement of his or her criminal record.
Question 6
Complete
Mark 1.00 out of 1.00
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.
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 officer as a referee of the proceedings must direct the manner in which the prosecutor conducts their
trial, 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 definition of the crime.
e. The prosecution’s decision not to join a co-accused in a trial of the same offence infringes established criminal
procedural rules, and renders the trial unfair.
Question 8
Complete
Mark 1.00 out of 1.00
Choose the INCORRECT answer from the following statements:
a. The presiding judicial officer should have no communication whatever with either party except in the presence of the
other.
b. As a general rule, any presiding officer who is aware that he or she has any feeling of partiality, enmity or any motive
which might actuate or be commonly supposed to actuate him or her in deciding a matter, should, mero motu recuse
him- or herself from the case.
c. It is grossly irregular for a presiding officer to hear an application for bail when he or she has previously taken down a
confession from the same accused.
d. The application for recusal revolves around the notion that no reasonable man should, by reason of the situation or
action of a judicial officer, have grounds for suspecting that justice will not be administered in an impartial and
unbiased manner.
e. The test for impartiality revolves around the fact that in reality the judicial officer is impartial or is likely to be
impartial.
Question 9
Complete
Mark 1.00 out of 1.00
Choose the CORRECT answer from the following statements:
a. An oath may be administered by the prosecution.
b. An affirmation 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 not
understand 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 officer.
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