RUE /
FALSE :
1.
A district court h
as the jurisdiction to try ser
ious o
ffences
against th
e State.
TRU
E
2.
A regional
court may try offences
except treason, mu
rder, rape and compelled rape.
FALSE
regi
onal courts have jurisdiction to try all crimes
except treason.
–
3.
...
TRUE / FALSE :
1. A district court has the jurisdiction to try serious offences against the State.
TRUE
2. A regional court may try offences except treason, murder, rape and compelled rape.
FALSE – regional courts have jurisdiction to try all crimes except treason.
3. South Africa follows a system of compulsory prosecution.
FALSE
4. A prosecutor may withdraw a case without the permission of the DPP.
TRUE
5. An indictment is a document which is used to bring an accused before court in both
lower and higher courts.
FALSE – only at trial in a supreme court is the charge contained in an indictment.
6. The police are empowered in the case of certain serious offences to arrest persons and
detain them for the purpose of interrogation.
TRUE
7. The function of further particulars is to define issues and not to enlarge them.
TRUE
8. As a rule, the court is bound to the agreement between the State and the defence in the
instance of traditional plea bargaining.
FALSE
9. The phrase ‘course of the criminal trial’ refers to the procedures which must be
followed during the pre-trial stage.
FALSE – refers to all the procedures which may / must be followed from the time an
accused has pleaded until verdict on the merits, and, if the accused is convicted, the
determination of an appropriate punishment imposed by the trial court.
10. The principle of ‘equality of arms’ essentially implies that an unrepresented accused
must, during the proceedings enjoy better opportunities than a well-resourced
prosecution.
FALSE – the principle holds that the prosecution and defence must have equal
opportunities in presenting their respective cases.
11. Generally, force must be used to effect arrest.
FALSE – force may be used only under certain circumstances.
12. Escaping from unlawful custody constitutes a serious offence.
FALSE – an informal way of obtaining relief is to resist unlawful arrest or to escape
from unlawful custody.
13. South Africa does not follow a system of compulsory prosecution.
TRUE
14. A plea of lis pendens implies that there is another case pending against the accused in
another court.
TRUE
15. Common assault is a competent verdict on a charge of murder or attempted murder.
TRUE
16. A defect in the charge sheet or indictment may be cured by evidence.
TRUE
about:blank 1/23
,8/24/23, 9:12 AM EXAM PREP 2020 - Exam prep
17. Statutory plea bargaining may be concluded by way of oral agreement between the
parties.
FALSE – certain mandatory formalities are prescribed, such as that the whole
agreement must be in writing.
18. With the plea of autrefois acquit the accused implies to the court that he or she was
previously convicted on the offence with which he or she is being currently charged.
FALSE – if the accused is informed by the magistrate that the DPP has decided not to
prosecute him, he may, if charged with the same crime again, plead that he has been
previously acquitted of such charge.
19. The review process essentially challenges the decisions of the court on the basis of the
merits and the facts.
FALSE – an appeal is based on the substantive correctness of the decision by the court
based on the facts or merits of the case on the record and the law relevant to such
facts, whereas a review is concerned with the validity of the proceedings.
20. Criminal Procedure provides a process that vindicates adjectival criminal procedural
law goals effectively.
TRUE
21. Procedural Law puts substantive law into action, and the rules of criminal procedure
form part of procedural law.
FALSE – adjectival law puts substantive criminal law into action and the rules of
criminal procedure form part of adjectival law which assists in making substantive
criminal law dynamic.
22. Persons who have been found guilty by a Superior Court may automatically appeal to
the Supreme Court of Appeal.
FALSE – leave has first to be sought from the High Court (or on refusal from the SCA)
before an appeal can be made to the SCA.
23. The Supreme Court of Appeal can only amend a sentence on review.
FALSE
24. The accused can be described as dominus litis (“master of the suit”).
FALSE – the judge is the dominus litis aka “master of the proceedings”
25. Previous convictions are irrelevant in bail applications.
FALSE
26. The procedure in terms of which the defence asks questions to the state witnesses is
called examination-in-chief.
FALSE – examination-in-chief is the process whereby the party who called the witness follow
a question-and-answer technique. In cross-examination, the parties who did not call the
witness have the fundamental right to question the witness.
27. The test for a discharge is based on the question whether there is sufficient evidence
upon which a reasonable man might convict.
TRUE
28. A caution amounts to a sentence.
TRUE
29. A convicted accused may appeal his or her conviction by a district court to a regional
court in the same division.
FALSE
30. Previous convictions are regarded as a mitigating factor in sentencing proceedings.
FALSE – prev convictions are regarded an aggravating factor in sentencing.
31. The state is the dominus litis and is therefore in control of the prosecution.
FALSE
32. The amount of the fine to be paid by the accused is left to the discretion of the
prosecutor.
FALSE – normally left to the discretion of the court.
33. An appeal court has the general discretion to correct a sentence.
FALSE – although an appeal court is vested with jurisdiction to reduce a sentence, it is
to be noted that a court of appeal, ie SCA or ‘provincial’ or ‘local’ division with appeal
jurisdiction, does not have a general discretion to correct sentences of trial courts.
about:blank 2/23
, 8/24/23, 9:12 AM EXAM PREP 2020 - Exam prep
34. A review is concerned with the validity of proceedings.
TRUE
35. No review may be instituted at the instance of the prosecution.
FALSE – the divisions of the High Court with jurisdiction may review an alleged
procedural irregularity at the instance of the prosecution.
36. Public violence is a competent verdict to a charge of murder.
TRUE
37. In general, youth is regarded as an aggravating factor in sentencing.
FALSE
38. A declaratory order may be applied for to establish a conviction.
FALSE
39. An application for leave to appeal may not be brought verbally in the lower court and
the higher courts directly after the verdict.
FALSE
40. Extraordinary review proceedings apply in respect of criminal proceedings which are
not ordinarily subject to automatic review.
TRUE
41. Section 9 of Child Justice Act 75 of 2008 deals with the procedure for child offenders
between 10 and 14 years of age.
FALSE – deals with children under the age of 10.
42. The methods of securing the attendance of a child at a preliminary inquiry are limited to
arrest.
FALSE – written notice, summons or arrest.
43. The purpose of the probation officer’s report is to determine the criminal capacity of the
child offender.
TRUE
44. A preliminary inquiry is an informal inquisitorial procedure conducted in court.
TRUE
45. Condonation will be readily granted by the court if there is a reasonable prospect of a
successful appeal.
TRUE
46. The trial of the accused does not usually commence at his first appearance in court.
TRUE
PREVIOUS EXAMS :
1. Discuss the jurisdiction of regional and district courts iro offences. (4)
- A district court has jurisdiction to try all crimes except treason, murder, rape and
compelled rape.
- A district court may even try some serious offences against the state.
- A regional court may try all crimes except treason – thus both murder and rape.
2. Discuss circumstances under which prosecution against an accused may be
withdrawn or stopped. (8)
- The prosecuting authority has the discretion to withdraw a charge before the accused
has pleaded.
- However, the accused is not entitled to a verdict of acquittal, as he/she may again be
prosecuted if new evidence is discovered.
- A prosecutor may withdraw a charge without the consent of his DPP and the DPP, if
dissatisfied with the withdrawal, may charge the accused afresh.
- A DPP may, at any time after the accused has pleaded, but before conviction, stop the
prosecution iro that charge and then the accused is entitled to an acquittal.
about:blank 3/23
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 THEEXCELLENCELIBRARY. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $18.99. You're not tied to anything after your purchase.
