Exam (elaborations)
CPR3701 – “2023” OCT EXAM/PORTFOLIO SOLUTIONS (DUE 19 OCT 2023)
- Course
- CPR3701
- Institution
- University Of South Africa (Unisa)
CPR3701 _ Oct.Nov 2023 Final + Answers...
[Show more]
Content preview
October/November 2023CPR3701
Criminal Procedure
80 Marks
Duration: 4 Hours
This paper consists of 12 pages.
INSTRUCTIONS FOR A TAKE-HOME EXAM ON MYEXAMS
PLEASE NOTE:
If you experience challenges with the Invigilator app, please send a WhatsApp message to the
technical helpdesk on 073 505 8273. Do not contact the lecturers.
For all other exam-related challenges, you may contact the SCSC on 080 000 1870 or e-mail
Examenquiries@unisa.ac.za or refer to Get-Help for the list of additional contact numbers.
IMPORTANT NOTICE
All four (4) sections of this paper are compulsory and must be completed on one examination
script.
A, B, C and D allegedly rob a Town Bank, which is located in the city of Cape Town. Members
of the South African Police Services (SAPS) are called to the scene of the crime, during which
a shoot-out ensues between police and the robbers. Two of the robbers, A and B manage to
escape with an undisclosed amount of the loot. C who is holed up inside the bank, is arrested
by Sgt. F, whilst trying to walk out through the main door of the bank. D (who is unarmed) is
ordered by Capt. G to surrender. D declines the order, and instead runs away in the opposite
direction. H, a client of the bank (and, a civilian), who just happened to be present on the
scene, produces his licenced firearm and fires a shot into D’s back, critically wounding him.
H arrests D and hands him over to G for detention. An R4 Rifle which was allegedly used by
the assailants is found abandoned on the floor of the bank.
, 2 CPR3701
Oct/Nov 2023
Section 1
1.1 Name the part of law which determines the procedure to be followed when effecting the
arrest of C and D. (1)
1.2 Name the part of the law which determines the elements of the crimes with which C and
D are subsequently charged. (1)
1.3 Name the document which is an indispensable pre-requisite for conducting a private
prosecution, if the prosecution declines to prosecute C and D. (1)
1.4 Briefly indicate (in two short sentences, at the most) whether H had the authority (in law)
to arrest D in the manner that he did. (2)
1.5 C and D are subsequently charged with robbery with aggravating circumstances. V, the
investigating officer, reckons that he is qualified to grant bail to C and D. Briefly explain
(in two short sentences, at the most), whether V’s assumptions are, indeed, correct.
(2)
1.6 Name the measure of punishment which will be applied by the court to C and D, in
finalizing the case if they are subsequently convicted. (1)
1.7 Name the term which describes the “putting forward” to the next date of the case against
C and D, before the trial starts. (1)
1.8 Name the procedure which may be used to challenge some of the irregularities which
occurred during the trial if C and D are subsequently convicted. (1)
1.1 The part of law that determines the procedure to be followed when effecting the arrest of C and
D is Criminal Procedure.
1.2 The part of the law that determines the elements of the crimes with which C and D are
subsequently charged is Criminal Law.
1.3 The document that is an indispensable pre-requisite for conducting a private prosecution if the
prosecution declines to prosecute C and D is an NPA Certificate (National Prosecuting
Authority Certificate).
1.4 H did not have the authority in law to arrest D in the manner that he did. H, as a civilian, should
not have taken the law into his own hands but should have let the police handle the situation.
1.5 V's assumptions are not correct. In South Africa, the power to grant bail typically rests with the
courts, not the investigating officer. Bail decisions are made by the court, taking into account
various factors, including the seriousness of the charges and the risk of flight.
1.6 The measure of punishment that will be applied by the court to C and D, in finalizing the case if
they are subsequently convicted, is sentencing.
, 3 CPR3701
Oct/Nov 2023
1.7 The term that describes the "putting forward" to the next date of the case against C and D before
the trial starts is adjournment.
1.8 The procedure that may be used to challenge some of the irregularities which occurred during
the trial if C and D are subsequently convicted is appeal.
[10]
Section 2
2.1 In the course of the investigations, Sergeant V sets out to interrogate C, in order to
obtain more information regarding the crime committed. However, C asserts his “right
to remain silent”, and also insists that as a “free citizen”, V does not have the right to
question him (C).
Discuss whether C’s assertions are correct. (10)
2.2 After arrest, but before his first court appearance, C requests to be afforded the
opportunity to be represented by an attorney, but is informed by Sergent V that the
right to legal representation “strictly speaking …only applies during actual court
proceedings”.
Fully discuss the accuracy and implications of V’s assertion. (10)
2.1 Discussion of C's Assertions:
C's assertion of his "right to remain silent" and the claim that Sgt. V does not have the right to
question him should be examined in the context of South African law:
In South Africa, the right to remain silent and the right against self-incrimination are protected by
the Constitution. Section 35(1)(b) of the Constitution guarantees the right to remain silent and not
to testify during a criminal proceeding. This right is derived from the principle of non-self-
incrimination.
However, C's assertion that Sgt. V does not have the right to question him as a "free citizen" is not
entirely accurate. Law enforcement officers in South Africa do have the authority to question
individuals during the investigative process. The key is that while C has the right to remain silent
and not self-incriminate, he may be questioned by the police, and he can choose whether or not to
answer those questions.
C is correct in asserting his right to remain silent during the interrogation. If he chooses not to
answer questions, he cannot be compelled to do so, and his silence should not be used against
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 MyStudyBudd. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R72,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
75759 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now