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CPR3701 PORTFOLIO MEMO - OCT./NOV. 2024 - SEMESTER 2 - UNISA - DUE DATE :- 15 OCTOBER 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!) $17.70   Add to cart

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CPR3701 PORTFOLIO MEMO - OCT./NOV. 2024 - SEMESTER 2 - UNISA - DUE DATE :- 15 OCTOBER 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!)

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CPR3701 PORTFOLIO MEMO - OCT./NOV. 2024 - SEMESTER 2 - UNISA - DUE DATE :- 15 OCTOBER 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!) Questions NB: PLEASE NOTE THAT ALL THE QUESTIONS BELOW REFER TO THE SET OF FACTS SET OUT BELOW: In Vermeulen, a town in the ...

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CPR3701
Criminal Procedure



PORTFOLIO
MEMO
SEMESTER 2 – 2024 - UNISA
UNIQUE NUMBER: -
DUE DATE: - 15 OCTOBER 2024
Includes Footnotes and/or Bibliography.

PREVIEW
NB: PLEASE NOTE THAT ALL THE QUESTIONS BELOW REFER TO THE SET OF FACTS SET OUT BELOW:

In Vermeulen, a town in the Northern Cape, South Africa, two rival gangs, the Hard Dyings and the Live to

Die are involved in a long-standing territorial struggle. One afternoon, a group from the Live to Die gang

attacks another from the Hard Dyings, at Strasso Street, Vermeulen. The members of the Live to Die gang

attack those of the Hard Dyings with an assortment of weapons. A, a member of the Hard Dyings, is

subsequently found dead by the police at the scene of the altercation.




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,Questions




NB: PLEASE NOTE THAT ALL THE QUESTIONS BELOW REFER TO THE SET OF

FACTS SET OUT BELOW:




In Vermeulen, a town in the Northern Cape, South Africa, two rival gangs, the Hard

Dyings and the Live to Die are involved in a long-standing territorial struggle. One

afternoon, a group from the Live to Die gang attacks another from the Hard Dyings,

at Strasso Street, Vermeulen. The members of the Live to Die gang attack those of

the Hard Dyings with an assortment of weapons. A, a member of the Hard Dyings,

is subsequently found dead by the police at the scene of the altercation.

Section 1




1.1 C, an alleged member of the Live to Die gang, is arrested in Johannesburg,

Gauteng, for the alleged murder of A during the gang-related altercation. Upon the

police charging C, the prosecutor, P, is of the view that the case should be heard in

the district court. Briefly discuss the accuracy or otherwise of the prosecutor’s

view in this regard. (2)




1.2 In any instance where the DPP declines to prosecute for an alleged offence, the

Criminal Procedure Act 51 of 1977 (hereinafter, “the CPA”) permits aggrieved

, individuals to institute and conduct a prosecution in respect of the alleged offence

in any competent court. H, A’s brother, is not satisfied with the prosecutor’s

decision not to proceed with the case against C. Briefly discuss whether H has

locus standi to proceed with a private prosecution against C. (2)




1.3 In terms of section 35(1)(d)(i) of the Constitution of the Republic of South Africa,

1996 (hereinafter, “the Constitution”), and section 50 of the CPA, an arrested

person must be brought to court within 48 hours of arrest. C was arrested by the

police on Tuesday morning at around 11h00. The investigating officer, Sergeant

Nosey Kekana, still needs to conduct further investigations. As a result, he makes

C to appear in court on Thursday of the same week, at 15h00. Briefly explain

whether Sergeant Kekana acted within the ambit of the law set out above. (2)




1.4 In terms of South African law, the courts of the Republic may only exercise

jurisdiction in respect of offences committed on South African territory. The

investigating officer, Sergeant Nosey Kekana, receives information from the

authorities in Botswana that C is being sought in Botswana in connection with the

alleged robbery of the Botswana People’s Bank (BPB). P, the prosecutor, is not

keen on extraditing C to Botswana. Briefly discuss whether the charges (relating

to the offences committed in Botswana) may be tried in South Africa, or in

Botswana. (2)

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