100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
2024 OCTOBER EXAM (ANSWERS) CRIMINAL PROCEDURE (CPR3701) - NOT DETECTABLE BY AI $8.80   Add to cart

Exam (elaborations)

2024 OCTOBER EXAM (ANSWERS) CRIMINAL PROCEDURE (CPR3701) - NOT DETECTABLE BY AI

 6 views  0 purchase
  • Course
  • Institution

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 t...

[Show more]

Preview 2 out of 9  pages

  • October 15, 2024
  • 9
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
avatar-seller
CRIMINAL PROCEDURE
CPR3701
OCTOBER 2024 UNISA EXAM ANSWERS




Please note these answers are not AI generated
and will not be detected by Turnitin

, 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.

In South Africa, murder is generally considered a serious offense that
typically warrants a trial in the High Court rather than a District Court. The
District Court deals with less severe criminal matters. Therefore, the
prosecutor's view that a murder case should be heard in a District Court is
likely inaccurate. It is more appropriate for such cases to be elevated to a
higher court with the jurisdiction to handle serious crimes such as murder.



1.2 In any instance where the DPP declines to prosecute for an alleged
offense, the Criminal Procedure Act 51 of 1977 (hereinafter, “the CPA”)
permits aggrieved individuals to institute and conduct a prosecution in
respect of the alleged offense 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.

Section 7 of the CPA allows an individual to initiate a private prosecution if
the DPP (Director of Public Prosecutions) declines to prosecute. H, A’s
brother, must demonstrate a substantial and peculiar interest in the matter
(beyond that of an ordinary citizen) and must comply with procedural
requirements, such as obtaining a certificate nolle prosequi from the DPP.
Therefore, H could potentially have locus standi if he meets these
requirements.

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

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

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

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 StudyAssistant036. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $8.80. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

85443 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
$8.80
  • (0)
  Add to cart