Exam (elaborations)
CPR3701 - Criminal Procedure Exam Pack
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- University Of South Africa (Unisa)
CPR3701 - Criminal Procedure Exam Pack
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1) EXAM JUN 2020 – MCQ - CPR3701 - AQuestion 1
In general.
(a) a trial may take place in the absence of the accused where he/she waives his/her right to attend.
(b) the verdict and sentence must, notwithstanding (a) above, be handed down in the presence of
the accused or his/her duly authorised representative.
[1] Both statements are incorrect.
[2] Both statements are correct.
[3] Only statement (b) is incorrect.
[4] Only statement (a) is incorrect.
2) EXAM JUN 2020 – MCQ - CPR3701 - A
Question 2
The exceptions to the general rule that a trial must take place in the presence of the accused may
include:
(a) exclusion of the accused due to the misbehaviour of the accused person’s witnesses
(b) the situation where a co-accused applies to court to exclude an accused
[1] Both statements are incorrect.
[2] Both statements are correct.
[3] Only statement (a) is incorrect.
[4] Only statement (b) is incorrect.
3) EXAM JUN 2020 – MCQ - CPR3701 - A
Question 3
(a) The charges against an accused are formulated before the completion of the investigation.
(b) An accused is required to plead to the charges and undergo a preparatory examination before
he/she is arraigned for trial.
[1] Both statements are incorrect.
[2] Both statements are correct.
[3] Only statement (a) is incorrect.
[4] Only statement (b) is incorrect.
4) EXAM JUN 2020 – MCQ - CPR3701 - A
Question 4
,(a) A plea of autrefois acquit cannot be sustained in terms of section 122A of the CPA.
(b) A plea of autrefois convict cannot be sustained in terms of section 122A of the CPA.
[1] Both statements are incorrect.
[2] Both statements are correct.
[3] Only statement (a) is incorrect.
[4] Only statement (b) is incorrect.
5) EXAM JUN 2020 – MCQ - CPR3701 - A
Question 5
(a) Section 205 is specially designed to compel a potential witness to reveal his knowledge of an
alleged crime, which he or she refuses to disclose to the police.
(b) In certain circumstances, searches may be conducted without a warrant.
[1] All of the statements are incorrect.
[2] All of the statements are correct.
[3] Only statement (a) is incorrect.
[4] Only statement (b) is incorrect.
6) EXAM JUN 2020 – MCQ - CPR3701 - A
Question 6
(a) Bail is a form of monetary release from custody.
(b) Bail is inherently penal in nature.
[1] Both statements are incorrect.
[2] Both statements are correct.
[3] Only statement (a) is incorrect.
[4] Only statement (b) is incorrect.
7) EXAM JUN 2020 – MCQ - CPR3701 - A
Question 7
(a) During a bail application, the court may consider, as a factor, the prevalence of the type of crime
with which the accused has been charged.
(b) The accused person’s previous convictions or pending charges are irrelevant for purposes of bail.
[1] Both statements are incorrect.
[2] Both statements are correct.
[3] Only statement (a) is incorrect.
,[4] Only statement (b) is incorrect.
8) EXAM JUN 2020 – MCQ - CPR3701 - A
Question 8
(a) The strict rules of evidence are relaxed during bail applications.
(b) Hearsay is admissible during a bail application.
[1] Both statements are incorrect.
[2] Both statements are correct.
[3] Only statement (a) is incorrect.
[4] Only statement (b) is incorrect.
9) EXAM JUN 2020 – MCQ - CPR3701 - A
Question 9
(a) A charge sheet (or indictment) does not necessarily have to disclose an offence in order to be
valid.
(b) An indictment must be served on the accused at most 14 days before the trial.
[1] Both statements are incorrect.
[2] Both statements are correct.
[3] Only statement (a) is incorrect.
[4] Only statement (b) is incorrect.
10) EXAM JUN 2020 – MCQ - CPR3701 - A
Question 10
(a) In principle, an accused is entitled to access exculpatory documents in the docket.
(b) Where an accused is charged with a common law offence, the only requirement is that the
offence should be named in order for the charge sheet to be valid.
[1] Both statements are incorrect.
[2] Both statements are correct.
[3] Only statement (a) is incorrect.
[4] Only statement (b) is incorrect.
11) EXAM JUN 2020 – MCQ - CPR3701 - A
Question 11
(a) Where a charge is defective because of the lack of an express averment which is an essential
ingredient of the relevant offence, the defect can be cured by evidence at the trial proving the
matter which should have been averred.
, (b) Section 86 makes provision for amendment of the charge, and requires that the proposed
amendment must differ to such an extent from the original charge that it is in essence another
charge.
[1] Both statements are incorrect.
[2] Both the statements are correct.
[3] Only statement (a) is incorrect.
[4] Only statements (b) is incorrect.
12) EXAM JUN 2020 – MCQ - CPR3701 - A
Question 12
(a) The court must enter a plea of not guilty if the accused refuses to plead or answer directly to the
charge.
(b) If the totality of the accused’s criminal conduct can be accommodated in one single charge, the
accused may not be convicted on multiple charges.
[1] Both statements are incorrect.
[2] Both statements are correct.
[3] Only statement (a) is incorrect.
[4] Only statement (b) is incorrect.
13) EXAM JUN 2020 – MCQ - CPR3701 - A
Question 13
(a) The rule against the splitting of charges was in fact always directed at the duplication of
convictions, and was designed to apply in the field of punishment.
(b) Where an accused is charged with both rape and incest arising from the same act of intercourse,
he will be convicted of both offences.
[1] Both statements are incorrect.
[2] Both statements are correct.
[3] Only statement (a) is incorrect.
[4] Only statement (b) is incorrect.
14) EXAM JUN 2020 – MCQ - CPR3701 - A
Question 14
(a) Threatening a judicial officer materially affects his or her impartiality, and his or her refusal to
recuse himself or herself on this ground is, therefore, irregular.
(b) An accused may plead truth and public benefit where the charge is one of criminal defamation.
[1] Both statements are incorrect.
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