Latest exam questions and ANSWERS • and NEW study notes (Summary notes covering all chapters) • Helps you see what questions are likely to be asked, and how to answer them.
Criminal Procedure
CRIMINAL PROCEDURE 1
Questions and Answers
QUESTIONS AND ANSWERS:
JURISDICTION
Courts have the authority to hear trials of people who commit
offences in the courts jurisdiction BUT there are certain
instances which deal with extra territorial jurisdiction allowing a
SA court to exercise jurisdiction over an offence, which was
committed beyond the borders of the state (i.e. outside SA
territory, name and discuss these instances
General rule: courts will only exercise jurisdiction with respect to
offences committed in SA.
Exceptions:
a) High treason: SA citizen who is resident in a foreign country and
joins the enemy army in wartime
b) Theft committed in a foreign country but the A has the stolen
property in SA – theft is a continuing crime
c) Offences on ships: territorial waters are part of the state
d) Offences outside SA on a non-SA plane – plane lands in SA with
the offender of board/ the principal place of business or
permanent residence of the lessee of the plane is in SA/ offender
is present in SA.
e) Offences committed on territory subsequently annexed by SA
f) Offences committed on an SA plane wherever it is (Civil Aviation
Act)
g) Offences committed by a SA citizen in Antarctica – jurisdiction of
the Pretoria Magisterial District
h) Offences deemed to be committed where A happens to be
i) Embassies: diplomats remain subject to the jurisdiction of their
home states.
What type of sentences can a lower court impose once an accused
has been found guilty?
Regional Courts:
• Imprisonment not exceeding 15 years
• Fine not exceeding R600 000
• Periodical imprisonment
• Declaration as an habitual criminal
• Committal to a treatment center
• Correctional supervision
• Imprisonment from which the A is place under correctional
supervision.
• Imprisonment not exceeding 3 years
• Fine not exceeding R120 000
• Imprisonment from which the A is place under correctional
supervision
• Committal to a treatment center
• Periodical imprisonment
In magistrate courts in SA, they have general jurisdiction to hear
trials of offences committed within their area of jurisdiction, this
area has been extended in terms of S90 of the CPA, discuss this
section regarding the extension.
Regional and district courts (Magistrate courts):
General rule: S90 of the Magistrates Court Act: district or regional
courts have jurisdiction to hear trials in respect of offences committed in
that district or regional division.
Extension to the general rule in terms of S90:
4km rule: when a person is charged with any offence:
1) Committed within a distance of 4km beyond the boundary of the
district or regional division.
2) Committed on a vessel or in a vehicle on a journey on a river in SA
and such journey or part of it was performed in the
district/regional division or within 4km thereof or
3) Committed on board a vessel on a voyage within the territorial
waters of SA and these waters adjoin the district/regional
division, or
4) Begun or completed in the district or regional division.
Such person may be tried within the district or regional division, as if he
were charged with an offence committed within that district/regional
division.
The 4km rule applies only in SA and not to crimes committed beyond our
borders.
Also in terms of S90: where it’s uncertain in which of several
jurisdictions an offence was committed, it may be tried in any such
jurisdiction.
A district or regional court may try an offence of the act or omission or
even an element of the offence was committed within that division.
Any person charged with theft or receiving stolen property knowing it to
be stolen, may be tried in any division where he had such property in
his possession.
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 EFT, 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 this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller StuddyScene. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R50,00. You're not tied to anything after your purchase.
