Exam (elaborations) CPR 3701 CPR3701 ASSIGNMENT 2 SEMESTER 2 2021 CPR3701
e South African Criminal Procedure
3 Section 86(1) of the Criminal Procedure Act 51 of 1977.
4 Section 88 of the Criminal Procedure Act 51 of 1977.
5 Section 49(2) of the South African Criminal Procedure Act 51 of 1977.
...
1) Section 84(1) sets out the requirements with which a charge should
comply. It provides as follows: Subject to the provisions of this Act and of
any other law relating to any particular offence, a charge shall set forth the
relevant offence in such manner and with such particulars as to the time
m
and place at which the offence is alleged to have been committed and the
er as
person, if any, against whom and the property, if any, in respect of which
co
eH w
the offence is alleged to have been committed, as may be reasonably
o.
sufficient to inform the accused of the nature of the charge. 1
rs e
ou urc
Particulars that are furnished are: the name of the offence for which the
o
accused is indicted (murder); all the elements of the crime murder (intention,
aC s
unlawfulness, killing of another human being); the date on which and place
v i y re
where the offence was allegedly committed; and the person against whom the
offence was allegedly.2
ed d
ar stu
Section 86 provides as follows: (1) Where a charge is defective for the want of
any essential averment therein, or where there appears to be any variance
sh is
between any averment in a charge and the evidence adduced in proof of such
averment, or where it appears that words or particulars that ought to have
Th
been inserted in the charge have been omitted there-from, or where any
words or particulars that ought to have been omitted from the charge have
been inserted therein, or where there is any other error in the charge, the
court may, at any time before judgement, if it considers that the making of the
relevant amendment will not prejudice the accused in his defence, order that
the charge, whether it discloses an offence or not, be amended, so far as it is
1 Section 84(1) of the Criminal Procedure Act 51 of 1977.
2
This study source was downloaded by 100000826075669 from CourseHero.com on 05-17-2021 07:59:41 GMT -05:00
, necessary, both in that part thereof where the defect, variance, omission,
insertion or error occurs and in any other part thereof which it may become
necessary to amend.3
Where a charge is defective for the want of an averment which is an essential
ingredient of the relevant offence, the defect shall, unless brought to the
notice of the court before judgement, be cured by evidence at the trial proving
the matter which should have been averred.4
2) Section 49 of the South African Criminal Procedure Act 51 of 1977,
provides police officers with legal justification to use force in carrying out
m
arrests, and includes the rules governing the degree of force to be used,
er as
as well as the circumstances in which such force may be employed. If any
co
eH w
arrestor attempts to arrest a suspect and the suspect resists the attempt,
o.
or flees, or resists the attempt and flees, when it is clear that an attempt to
rs e
ou urc
arrest him or her is being made, and the suspect cannot be arrested
without the use of force, the arrestor may, in order to effect the arrest, use
o
such force as may be reasonably necessary and proportional in the
aC s
circumstances to overcome the resistance or to prevent the suspect from
v i y re
fleeing but, in addition to the requirement that the force must be
reasonably necessary and proportional in the circumstances.5
ed d
ar stu
The person who is to be arrested (the suspect) must have committed an
offence. If the arrester is acting on a suspicion that the suspect has committed
sh is
an offence, the suspicion must be a reasonable suspicion. In deciding this, the
test is objective, that is, the circumstances should be such that a reasonable
Th
person would also have concluded that the suspect has committed an
offence.6 The arrester must be lawfully entitled to arrest the suspect. The
person who arrests or attempts to arrest—with or without a warrant—must
have the power to arrest the suspect or to assist in his or her arrest for such
3 Section 86(1) of the Criminal Procedure Act 51 of 1977.
4 Section 88 of the Criminal Procedure Act 51 of 1977.
5 Section 49(2) of the South African Criminal Procedure Act 51 of 1977.
6 Nell 1967 (4) SA 489 (SWA), Purcell-Gilpin 1971 (3) SA 548 (RA).
This study source was downloaded by 100000826075669 from CourseHero.com on 05-17-2021 07:59:41 GMT -05:00
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 Courtneyy. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $4.78. You're not tied to anything after your purchase.
