CPR3701 PORTFOLIO MEMO - SEMESTER 2 - 2024 - OCTOBER/NOVEMBER - UNISA - DUE DATE :- 15 OCTOBER 2024 (FULLY REFERENCED! DISTINCTION GUARANTEED!)
95 views 1 purchase
Course
Criminal procedure
Institution
University Of South Africa (Unisa)
Book
Criminal Procedure Handbook
CPR3701 PORTFOLIO MEMO - SEMESTER 2 - 2024 - OCTOBER/NOVEMBER - UNISA - DUE DATE :- 15 OCTOBER 2024 (FULLY REFERENCED! 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 Northern Cape, South Af...
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)
1.5 During the subsequent proceedings, the matter against C is “held over”
several times for further investigations, before C pleads to the charges. Briefly
explain whether the holding over of the proceedings constitute adjournments or
postponements, and the reason behind your answer. (2) [10]
Section 2
2.1 Section 39 of the CPA deals with the “pillars” that underpin lawful arrests.
Sergeants Skop Madonoro and Piet Pompies pursue suspects running in a
direction away from the altercation between the Live to Die and Hard Dyings
gangs. They accost D, a young man, running away in the opposite direction of
the gang fight. Sergeant Madonoro orders D to stop, and he (D) obliges.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller StuddyBuddyTutor. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $17.08. You're not tied to anything after your purchase.
