19 October 2023 Exam (Answers) - Criminal Procedure (CPR3701)
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Course
CPR3701 - Criminal Procedure (CPR3701)
Institution
University Of South Africa (Unisa)
A, B, C and D allegedly rob a Town Bank, which is located in the city of Cape Town. Members
of the South African Police Services (SAPS) are called to the scene of the crime, during which
a shoot-out ensues between police and the robbers. Two of the robbers, A and B manage to
escape with an undis...
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, A, B, C and D allegedly rob a Town Bank, which is located in the city of Cape
Town. Members of the South African Police Services (SAPS) are called to the
scene of the crime, during which a shoot-out ensues between police and the
robbers. Two of the robbers, A and B manage to escape with an undisclosed
amount of the loot. C who is holed up inside the bank, is arrested by Sgt. F,
whilst trying to walk out through the main door of the bank. D (who is
unarmed) is ordered by Capt. G to surrender. D declines the order, and instead
runs away in the opposite direction. H, a client of the bank (and, a civilian),
who just happened to be present on the scene, produces his licenced firearm
and fires a shot into D’s back, critically wounding him. H arrests D and hands
him over to G for detention. An R4 Rifle which was allegedly used by the
assailants is found abandoned on the floor of the bank.
Section 1
1.1 Name the part of law which determines the procedure to be followed when
effecting the arrest of C and D. (1)
The part of the law which determines the elements of the crimes with which C and D
are subsequently charged is the Criminal Law (specifically the South African Penal
Code)
1.2 Name the part of the law which determines the elements of the crimes with
which C and D are subsequently charged. (1)
The part of the law which determines the elements of the crimes with which C and D
are subsequently charged is the Criminal Law (specifically the South African Penal
Code).
1.3 Name the document which is an indispensable pre-requisite for conducting
a private prosecution, if the prosecution declines to prosecute C and D. (1)
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