Exam (elaborations)
Examination help
This document will help students with examinaiton preparation.
[Show more]
Seller
Follow
Content preview
Question 1In general.
(a) A trial may take place in the absence of the accused where he/she
waives his/her
right to attend.
(b) The verdict and sentence must, notwithstanding (a) above, be handed
down in
the presence of the accused or his/her duly authorised representative.
(c) The right to be present can be limited in certain circumstances.
[1] None of the statements is correct.
[2] All of the statements are correct.
[3] Only statement (a) is correct.
[4] Only statements (b) and (c) are correct.
Question 2
The general rule is that a trial must take place in the presence of the
accused. There are certain exceptions to this rule.
Which of the following constitute(s) legitimate exceptions to the rule?
(a) Exclusion of the accused due to the misbehaviour of the accused
person’s
witnesses.
(b) The situation where a co-accused applies to court to exclude an
accused.
(c) Instances where the accused gives evidence by means of closed-circuit
television
or similar electronic media.
[1] None of the statements is correct.
[2] All of the statements are correct.
[3] Only statements (a) and (b) are correct.
[4] Only statement (c) is correct.
Question 3
(a) The charges against an accused are formulated before the completion
of the
investigation.
(b) An accused is required to plead to the charges and undergo a
preparatory
Examination before he/she is arraigned for trial.
(c) A preparatory examination is also referred to as a summary trial in the
district
court.
[1] None of the statements is correct.
[2] All of the statements are correct.
[3] Only statements (a) and (b) are correct.
1
,[4] Only statement (c) is correct.
Question 4
(a) A plea of autrefois acquit cannot be sustained in terms of section 122A
of the
CPA.
(b) A plea of autrefois convict cannot be sustained in terms of section
122A of the
CPA.
(c) A plea of guilty in terms of section 122A of the CPA is identical in
nature to a plea
of guilty in terms of section 106 of the CPA.
[1] None of the statements is correct.
[2] All of the statements are correct.
[3] Only statements (a) and (b) are correct.
[4] Only statement (c) is correct.
Question 5
(a) A preparatory examination is NOT considered a criminal proceeding.
(b) The final decision in a preparatory examination rests with the court.
(c) During a preparatory examination, the accused is required to plead at
the
commencement of the examination.
[1] None of the statements is correct.
[2] All of the statements are correct.
[3] Only statements (a) and (b) are correct.
[4] Only statement (c) is correct.
Question 6
(a) Bail is a form of monetary release from custody.
(b) Bail is inherently penal in nature.
(c) Bail can be used to deter other would-be offenders.
[1] None of the statements is correct.
[2] All of the statements are correct.
[3] Only statements (a) and (c) are correct.
[4] Only statement (b) is correct.
Question 7
(a) During a bail application, the court may consider, as a factor, the
prevalence of
2
, the type of crime with which the accused has been charged.
(b) The accused person’s previous convictions or pending charges are
irrelevant
when the granting of bail is considered.
(c) In limited instances, bail can be granted by the police.
[1] None of the statements is correct.
[2] All of the statements are correct.
[3] Only statements (a) and (c) are correct.
[4] Only statement (b) is correct.
Question 8
(a) The strict rules of evidence are relaxed during bail applications.
(b) Hearsay is admissible during a bail application.
(c) Previous convictions may be proved by the state during a bail
application.
[1] None of the statements is correct.
[2] All of the statements are correct.
[3] Only statements (a) and (b) are correct.
[4] Only statement (c) is correct.
Question 9
(a) A charge sheet (or indictment) does NOT necessarily have to disclose
an offence
in order to be valid.
(b) An indictment must be served on the accused at most 14 days before
the trial.
(c) It is mandatory for the prosecution to attach a list of witnesses to the
charge
sheet.
[1] None of the statements is correct.
[2] All of the statements are correct.
[3] Only statement (a) is correct.
[4] Only statement (a) and (b) are correct.
Question 10
(a) In principle, an accused is entitled to access exculpatory documents in
the
docket.
(b) Where an accused is charged with a common-law offence, the only
requirement
is that it be named in order for the charge sheet to be valid.
3
, (c) Sections 86 and 88 of the CPA make provision for the same action in
respect of
The correction of a defect in the charge sheet.
[1] None of the statements is correct.
[2] All of the statements are correct.
[3] Only statement (a) is correct.
[4] Only statement (b) is correct.
Question 11
(a) Where a charge is defective for want of an averment that is an
essential
ingredient of the relevant offence, the defect can be cured by
evidence at the trial
proving the matter which should have been averred.
(b) Section 86 makes provision for amendment of the charge and requires
that the
Proposed amendment must differ to such an extent from the original
charge that
it is in essence another charge.
(c) When the accused is called upon to plead to a charge and it appears
uncertain
Whether he or she is capable of understanding the proceedings at the
trial so as
to be able to make a proper defence, an enquiry into his or her mental
state must
be made by the court, with the assistance of a general medical
practitioner.
[1] None of the statements is correct.
[2] All of the statements are correct.
[3] Only statement (a) is correct.
[4] Only statement (b) is orrect.
Question 12
(a) The court must enter a plea of not guilty if the accused refuses to
plead or
Answer directly to the charge.
(b) If the totality of the accused’s criminal conduct can be accommodated
in one
Single charge, the accused may NOT be convicted on multiple
charges.
(c) An accused can now be found guilty even though the indictment does
NOT
disclose an offence, as long as the evidence proves the offence.
[1] None of the statements is correct.
[2] All of the statements are correct.
[3] Only statement (b) is correct.
[4] Only statements (a) and (c) are correct.
4
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 ritadaneel. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R99,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
78252 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now