CPR3701 PORTFOLIO MEMO - SEMESTER 2 - 2024 - OCTOBER/NOVEMBER - UNISA - DUE DATE :- 15 OCTOBER 2024 (FULLY REFERENCED! DISTINCTION GUARANTEED!)
CPR3701 PORTFOLIO MEMO - OCT./NOV. 2024 - SEMESTER 2 - UNISA - DUE DATE :- 15 OCTOBER 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!)
CPR3701 ASSIGNMENT 02 QUESTIONS AND ANSWERS FOR DISTINCTION 2024 SEM 2
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Criminal Procedure
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,CPR3701 Assignment 2 (COMPLETE ANSWERS)
Semester 2 2024 - DUE September 2024 ; 100% TRUSTED
Complete, trusted solutions and explanations.
Question 1 Complete Mark 0.00 out of 1.00 Question 2
Complete Mark 1.00 out of 1.00 QUIZ Choose the CORRECT
answer from the following statements. In the regional court at
the trial of an accused on a charge ofmurder: 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 accusedhad agreed to dispense with assessors.
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 themas a witness. c. A postponement refers
to the period when the hearing is already underway, whereas an
adjournment denotes theperiod 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. 9/3/24, 12:27 PM
Assessment 2: Attempt review 25.00/25.00 Grade 100.00
Question 3 Complete Mark 1.00 out of 1.00 Question 4
Complete Mark 1.00 out of 1.00 Question 5 Complete Mark
, 1.00 out of 1.00 Question 6 Complete Mark 1.00 out of 1.00
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. 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. 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 thecriminal record on the strength
of the certifi cate of expungement. e. The certifi cate of
expungement may be revoked by the Director-General or the
Minister if it subsequently appearsthat the applicant did not
qualify for the expungement of his or her criminal record.
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
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