Exam (elaborations)
CPR3701 EXAM PACK 2023
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- CPR3701 EXAM PACK 2023
- Institution
- University Of South Africa
CPR3701 EXAM PACK 2023
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CPR3701 EXAM
PACK
2023
, CPR3701 Assignment 2 Semester 1
2023
STUDENTS PLEASE NOTE THAT QUESTIONS MAY BE RE SHUFFLED BY THE SYSTEM ,
PLEASE READ QUESTIONS CAREFULLY BEFORE SUBMITTING AN ANSWER, ALSO DOUBLE
CHECK IF THEY ARE ASKING FOR THE CORRECT OR INCORRECT ANSWER FROM THE
CHOICES PROVIDED
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
Reference : Criminal Procedure Handbook 12th Ed (E Book) Page 259
A failure to give consideration to having assessors constitutes a serious irregularity even
where the accused had agreed to dispense with assessors—Mitshama 2000 (2) SACR 181
(W).
, 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
Reference : Criminal Procedure Handbook 12th Ed (E Book) Page 260
Criminal cases in the High Court are tried either by a judge sitting alone or by a judge and
one or two assessors. The presiding judge generally has a discretion whether or not to sit
with assessors.
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
d. The suspicion of bias must be one which is the reasonable person referred to
might, not would, have held
e. The suspicion must be that of a reasonable person in the position of the
accused.
Reference : Criminal Procedure Handbook 12th Ed (E Book) Page 263
The requirements of the test for the presence of judicial bias are:
There must be a suspicion that the judicial officer might be, not would be, biased.
, The suspicion must be that of a reasonable person in the position of the accused.
The suspicion must be based on reasonable grounds.
The suspicion must be one which the reasonable person referred to would, not might,
have held.
QUESTION 4
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 does not plead directly to the change but makes an exclusory
statement in which the accused admits certain facts and denies others.
c. If the accused refuses to plead or answer directly to the charge
d. Where, on being required to plead, the accused refuses to do so because the
accused has not been furnished with further particulars
e. If the accused pleads guilty to the charge
Reference : Criminal Procedure Handbook 12th Ed (E Book) Page 277
The court shall enter a plea of not guilty if the accused will not plead or answer directly to
the charge—Monnanyane 1977 (3) SA 976 (O).
QUESTION 5
Traditional plea bargaining
a. is essentially formal in nature
b. does not entail a binding agreement in respect of the facts and the sentence to be
imposed on the accused
c. binds the prosecution in accordance with the basic notions of fairness and
justice.
d. is essentially informal in nature.
e. does not entail the defence and the prosecution holding the court to an
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