Exam (elaborations)
COS2633 EXAM PACK 2023
- Course
- CPR3701 (CPR3701)
- Institution
- University Of South Africa (Unisa)
QUESTIONS WITH ANSWERS
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CPR3701EXAM PACK
2023
QUESTIONS WITH ANSWERS
,CPR3701 EXAM
PACK 2023
LATEST QUESTIONS AND
ANSWERS
,CP R37 01
exam pack
Questions +
Answers
, 1
Criminal Procedure
CRIMINAL PROCEDURE 1
Questions and Answers
QUESTIONS AND 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.
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