Class notes
CMP3701
- Course
- CMP3701 (CMP3701)
- Institution
- University Of South Africa (Unisa)
Lecture notes of 63 pages for the course CMP3701 at Unisa (CMP3701 Notes)
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CMP3701CRIMINAL
PROCEDURE
, Dear Students,
Herewith please find a collection of notes/presentations/discussion questions used during or discussed at the discussion classes in Durban,
Pretoria, Bloemfontein and Cape Town. Note that the information hereunder is a collection of notes/presentations drafted/used by Ms Karels,
Prof Swanepoel, Ms Lerumo and Adv Makama the various classes. The presentations hereunder DO NOT address the CJA in isolation nor do
they address all the chapters of the prescribed work in the handbook.
Chapter 12 - Basic themes:
1. Necessary content of a charge sheet (84(1) – CPA)
2. Defect in charge sheet cured by evidence (88 – CPA)
3. Defect in charge sheet cured by correction (86 – CPA)
4. Joinder of offence (81(1) – CPA) (6(2) and (3) of the CJA)
5. Joinder of accused (155 – CPA) (63(2) – CJA)
_____________________________________________
At this point of the criminal process the accused is charged with the crime he is alleged to have committed. The following points in brief:
1. The accused has a constitutional right to be informed of the charge against him in sufficient detail to enable him to answer (to
prepare a defence)
2. A trial in the HC is commenced by the DPP lodging an INDICTMENT with the registrar and in the LC a CHARGE SHEET is lodged
with the clerk of the court
3. An indictment is served on an accused and a charge sheet is presented in court
1. Necessary content of a charge sheet (84(1) – CPA)
84(1) 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 and place at which the offence is alleged to have been committed and the person, if
any, against whom and the property, if any, in respect of which the offence is alleged to have been committed, as may be reasonably
sufficient to inform the accused of the nature of the charge.
(2) Where any of the particulars referred to in subsection (1) are unknown to the prosecutor it shall be sufficient to state that fact in the charge.
(3) In criminal proceedings the description of any statutory offence in the words of the law creating the offence, or in similar words, shall be
sufficient.
The charge should disclose an offence by stipulating the elements of the crime alleged
1.1 Exceptions to sec 84(1)
1. TIME – If it is not an essential element of the offence the charge sheet is not deficient for failure to stipulate – IF STIPULATED
INCORRECTLY – three month rule applies unless alibi is at issue
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