Exam (elaborations)
CPR3701 EXAM PACK 2023
- Institution
- University Of South Africa (Unisa)
CPR3701 EXAM PACK 2023
[Show more]
1 review
By: desairaeesa18 • 1 year ago
Content preview
CPR3701EXAM PACK
2023
,CP R3 70 1
exam pack
Questions +
Answers
, 1
Criminal
CRIMINAL Procedure
PROCEDURE 1
Questions andAND
QUESTIONS Answers
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.
, 2
District courts:
• 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 benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
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 pablitoh11. 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.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
52928 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now