Cpr 3701 - Study guides, Class notes & Summaries

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Exam (elaborations)

CPR 3701 ASSIGNMENT 1
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10

August 2021

2021/2022

A+
Available in bundle
Question 1 (a) The following classes of persons qualify for locus standi on a private prosecution under certificate nolle prosequi, in terms of Section 7 of the Criminal Procedure Act 51 of 19771 : Sec 7(1) (a) any private person who proves some substantial and peculiar interest in the issue of the trial arising out of some injury which he individually suffered in consequence of the commission of the said offence; 2 (b) a husband, if the said offence was committed in respect of hi...
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Exam (elaborations)

CPR 3701 ASSIGNMENT 2
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6

August 2021

2021/2022

A+
Available in bundle
QUESTION 1 1) The law gives a discretion to the NPA and individual prosecutors with regard to how they perform their functions, exercise their powers and carry out their duties. This discretion must, however, be exercised according to the law and within the spirit of the Constitution.1 In exercising his discretion, the prosecutor must respect the individual’s right not to be harassed by a prosecution that has no reasonable prospect of success. Occasionally there might be good grounds fo...
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