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CPR3701 semester 1 Assignment 2 for year 2023
- Course
- Bachelor Of Laws (CPR3701)
- Institution
- University Of South Africa (Unisa)
Assignment 2 for CPR3701 semester 1 2023. get yourself a distinction or use it to compare your work.
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CPR3701- 1ST SEMESTER ASSIGNMENT 2 FOR THE YEAR 2023Q1
In the regional court at the trial of an accused on a charge of murder,
a. it is optional for the magistrate to sit with assessors
b. the court may exercise its discretion to use assessors even where the accused
waives the right to have assessors
c. assessors must be appointed before the leading of evidence
d. failure to consider the use of assessors constitutes a serious irregularity even
where the accused had agreed to dispense with assessors
e. it is peremptory for the magistrate to sit with one or two assessors
Q2
Choose the CORRECT answer from the following statements
a. In the High Court the presiding judge has a discretion on whether to sit with
assessors in murder cases.
b. The assessor’s competence or lack thereof can be established subjectively.
c. Where the court sits with two assessors and an assessor dies or becomes
incapable of performing their duties as assessor, the remaining members of the
court become functus officio.
d. Where the court sits with two assessors and an assessor dies or becomes
incapable of performing their duties as assessor, the presiding judge may acquit
the accused summarily.
e. In the High Court the presiding judge has no discretion on whether to sit with
assessors in murder cases.
Q3
The test for judicial bias essentially requires that:
a. The suspicion must be that of a reasonable person in the position of the accused
b. The suspicion of bias must be based on forseeable grounds.
c. The suspicion of bias must be one which the reasonable person referred to might,
not would, have held.
d. There must be a suspicion that the judicial officer would be, not might be, biased.
e. The suspicion of bias must be that of any reasonable person.
Q4
The court must enter a plea of ‘not guilty’
, a. if, when called upon to plead to the charge, it appears to be uncertain whether
the accused is capable of understanding the proceedings at the trial based on the
accused's mental state.
b. if the accused pleads ‘guilty’ to the charge
c. where, on being required to plead, the accused refuses to do so because the
accused has not been furnished with further particulars.
d. if the accused does not plead directly to the charge, but makes an exculpatory
statement in which the accused admits certain facts and denies others.
e. if the accused refuses to plead or answer directly to the charge.
Q5
Traditional plea bargaining
a. does not entail a binding agreement in respect of the facts and the sentence to
be imposed on the accused.
b. is essentially informal in nature.
c. does not entail the defence and the prosecution holding the court to an
agreement on sentence.
d. binds the prosecution in accordance with the basic notions of fairness and justice
e. is essentially formal in nature
Q6
In respect of statutory plea bargaining,
a. the agreement must be entered into after the commencement of the trial
b. the prosecutor can reach an agreement with the defence on the sentence to be
imposed.
f. the agreement must be in writing.
c. the agreement must be entered into before the commencement of the trial.
d. the agreement does not apply to a charge or charges on acceptance of plea
during trial.
Q7
Choose the CORRECT answer from the following statements
a. The broadcasting of court proceedings cannot be taken to apply generally
without an order by the court allowing it.
b. The trial court must examine each application to broadcast proceedings using an
objective test.
c. When determining an application to broadcast proceedings speculation that
prejudice might occur is sufficient to decline the application.
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