Exam (elaborations)
CPR3701 Assignment 2 Semester 1 2023
- Institution
- University Of South Africa (Unisa)
CPR3701 Assignment 2 Semester 1 2023
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CPR3701Assignment 2
Semester 1
2023
[School]
[Course title]
, CPR3701 Assignment 2 Semester 1 2023
QUESTION 1
In the regional court at the trial of an accused on a charge of murder,
a. A failure to consider the use of assessors constitutes a serious irregularity
even where the accused had agreed to dispense with assessors
b. Assessors must be appointed before the leading of evidence.
c. It is optional for the magistrate to sit with one or two assessors.
d. It is peremptory for the magistrate to sit with one or two assessors.
e. The court may exercise its discretion to use assessors even where the
accused waives the right to have assessors
QUESTION 2 Choose correct:
a. Where the court sits with 2 assessors and an assessor dies or becomes
incapable of performing their duties as assessor, the remaining members of
the court become functus officio
b. Where the court sits with 2 assessors and an assessor dies or becomes
incapable of performing their duties as assessor, the presiding judge may
acquit the accused summarily
c. In the court, the presiding judge has a discretion on whether to sit with
assessors in murder cases
d. In high court the presiding judge has a discretion on whether to sit with
assessors in murder cases
e. The assessor’s competence or lack thereof can be established subjectively
QUESTION 3 The test for judicial bias essentially requires that,
a. The suspicion of bias must be based on foreseeable grounds
b. There must be a suspicion that the judicial officer would be, not might be,
biased
c. The suspicion of bias must be that of any reasonable person
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