CPR3701 MCQ 46664

CPR3701
Hlonie @ vaal.
Green true
1. The notion of “open justice” establishes a protective function in respect of the fair-trial
rights of the accused.
2. Open justice can be limited in cases where the accused is in danger of being exposed
as a state informant.
3. The accused can testify by way of closed-circuit television in cases where an open
trial may cause him or her emotional or physical harm.
4. Witnesses are protected in cases of sexual assault and extortion by way of the court’s
discretion to “close the court”.
5. Irrespective of the charge, if a matter relates to an adult accused and complainant, the
court cannot exclude the public from the trial in the interests of justice.
6. The court, the prosecutor and the accused all have the power to subpoena witnesses.
7. The advantage of a joint trial is that it saves the state resources and time.
8. Joinder is permissive and not imperative.
9. The decision to separate a trial is at the discretion of the presiding officer.
CPR3701/101
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10. Cross-examination of a witness by the court is permissible within the bounds of
reasonableness.
11. The principle of equality of arms can be related to the competence of both the
prosecutor and the representative for the defence.
12. An ex-tempore judgment does not infringe on the right of the accused to a speedy
trial.
13. An improper delay in delivering judgment undermines public confidence in the
judicial system.
14. Community service as a condition of a suspended sentence is not considered a
punishment.
15. Most statutory offences are enacted with an attendant penalty clause.
16. Tradition seems to indicate that the state and the accused must supply the
information required by the court during trial on sentencing.
17. Compensation and restitution are forms of restorative sentences.
18. Review is not solely the domain of the CPA.
19. The Superior Courts Act does not provide for review in criminal proceedings.
20. Judicial review has a common-law origin.
21. Any conviction, sentence, or order of a lower court, and even a discharge after
conviction, are subject to leave to appeal.
22. An appeal on the facts relates to the merits of the matter in the trial court.
23. If the appellant files a notice of appeal after the prescribed period, he or she can
apply for condonation, although the court is not obliged to grant it.
24. Expungement takes place in one of three ways: automatically, on application or
when a certain period has lapsed.
25. The President is empowered to remit any fine, penalty or forfeiture within the
confines of the Constitution.
1. Open justice can be equated with the concept that justice must be “seen to be done”.
2. Open justice is protected by the right to a fair trial and is an absolute right.
3. The court cannot exclude any member of the public from the trial of an adult accused.
4. In cases where a witness for the state is about to abscond, the prosecutor may apply
for a warrant of arrest and have the said witness detained pending the trial.
5. Co-accused are ordered numerically.
6. The prosecution decides the numerical order of co-accused at a trial.
7. The court can of its own accord raise the issue of separation.
8. The principle of legality is constitutionally entrenched.
9. The principle of equality of arms is founded on equal opportunities being available to
both the state and the defence to prove their respective cases.
10. The merits of a case are the cardinal point of the court’s considerations when
determining whether to convict or acquit.
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11. Where required, the entire judgment of the court must be translated into a language
that the accused understands.
12. In cases where the charge pertains to multiple acts or omissions, the court must
deliver judgment separately on each individual charge.
13. Some sentences do not constitute punishments.

14. In Rabie 1975 (4) SA 855 (A) 862G, the court summarised the general principles of
sentencing.
15. Imprisonment, committal to a treatment centre, a fine and correctional supervision
are the only sentences that can be imposed by a court.
16. Periodical imprisonment is a form of short-term imprisonment and is also informally
known as “weekend imprisonment”.
17. The Constitution secures a general right of review.
18. Fairness no longer entails enquiring whether there was a failure of justice, but
whether the trial was fair.
19. Review is more appropriate than appeal in cases where the accused is dissatisfied
with the procedures during the trial.
20. There is a general right of appeal in South Africa.
21. The right of appeal is justifiably limited by section 36 of the Constitution.
22. A person can appeal against the sentence imposed or the conviction – not both.
23. The Constitution empowers the President to pardon or reprieve offenders in certain
circumstances.
25. The Department of Justice and Constitutional Development has the sole
responsibility to expunge records on application by the accused.
1. The court is not entitled to postpone a case to consider the verdict.

2. Legislation expressly identifies the offences which are the subject of competent
verdicts.
3. Public violence is a competent verdict to a charge of murder.
4. Sentencing is the imposition of a sentence by the prosecution, on an offender.
5. Sentence is any measure which is applied by the court to the person convicted of a
crime, and which finalises the case.
6. Minimum In order to be fair, punishment must only suit society.
7. Minimum sentences are applicable to all crimes.
8. In general, youth is regarded as an aggravating factor in sentencing.
9. The term ‘forms of imprisonment’ essentially depicts separate kinds of imprisonment
rather than the description of terms of imprisonment.
10. The court must make enquiries into the means of the offender to pay the fine.
11. Both reviews and appeals are fundamentally aimed at setting aside convictions and
sentences.
12. Automatic review is of English law origin.
13. Extraordinary review proceedings apply in respect of criminal proceedings which are
not ordinarily subject to automatic review.
14. Criminal proceedings may not be reviewed after conviction but before sentencing.
15. Review may not be instituted at the instance of the prosecution.
16. The high court should, generally use its inherent review powers to interfere in lower
courts in respect of unterminated criminal proceedings against.
17. A declaratory order should only be granted in respect of a dispute between parties.
18. Appeal may be noted before the finalisation of the criminal trial, in order to right
patent wrongs in the proceedings.
19. A court of appeal does not possess the inherent power to correct the sentences of
lower courts.
20. In an appeal on a question of law the question is not whether the court of appeal
could have made the same finding but whether the trial court would have made such a
finding.
21. The Criminal Procedure Act does not, in general, allow the prosecution to appeal
against a decision on the merits or facts of a case.
22. The State President’s power to pardon offenders is Constitutionally mandated.
24. Presidential clemency is never subject to judicial review.
25. The essence of Presidential clemency and parole is that both processes are
restorative in nature.
1. The prosecutor is entitled to address the court at the opening of the State’s case.
2. The procedure in terms of which the prosecution asks questions to its own witnesses
is called cross-examination.
3. The procedure in terms of which the defence asks questions to the state witnesses is
called examination-in-chief.
4. The prosecutor must close his or her case after all the evidence of the prosecution
has been disposed of.
5. The test for a discharge is based on the question whether there is sufficient evidence
upon which a reasonable man might convict.
6. The court is not required to give reasons for its judgment.
7. Common assault is a competent verdict to a charge of murder.
8. A caution amounts to a sentence.
9. A minimum sentence may be imposed in respect of any offence with which the
accused has been convicted.
10. After convicting the accused, the court must forthwith sentence him or her without
hearing further evidence.
11. Previous convictions are regarded as a mitigating factor in sentencing proceedings.
12. Life imprisonment is a determinate form of sentence in the sense that the accused is
effectively incarcerated for the entirety of his or her lifetime.
13. The amount of the fine to be paid by the accused is left to the discretion of the
prosecutor.
14. An appeal is concerned with the substantive correctness of the decision based on
the facts or merits of the case on the record and the law relevant to such facts.
15. A review is concerned with the validity of the proceedings.
16. No review may be instituted at the instance of the prosecution.
17. The high court may order the proceedings of a lower court to start afresh upon
making a finding of procedural irregularity.
18. A declaratory order can only be granted where there is a dispute between parties.
19. The right of appeal is not Constitutionally mandated.
20. A member of the public is permitted to approach the Constitutional Court directly.
21. An appeal court has the general discretion to correct a sentence.
22. An appeal court is in a better position to make reliable findings of credibility.
23. In an appeal on a question of fact, it is the duty of the court of appeal to retry or
rehear the case on the record before the court together with any other evidential
material.
24. There is, in principle, no right to be pardoned.
25. The accused does not have further recourse beyond the process of appeal.
1. A criminal trial commences once an accused has pleaded in a court which has the
required jurisdiction to hear evidence.
2. The phrase “in the course of a criminal trial” refers to all procedures which may or
must be followed from the time the accused has pleaded until a verdict on the merits.
3. A criminal trial can be broadly described as a state-sponsored, public, judicial and

primarily oral hearing.
4. The seven fundamental principles which govern a criminal trial are trial fairness,
legality, judicial impartiality, equality of arms, judicial control, orality and finality.
5. At the end of a criminal trial, the court must consider and deliver its verdict based on
the state’s ability to satisfy its burden of proof. .
6. An extempore judgment is one in which the court postpones its judgment owing to the
complexity of the merits.
7. It is generally impossible for the accused to be convicted on another charge where the
prosecutor manages to prove the elements of that crime as opposed to the crime as
charged at the trial.
8. In cases where the accused is not legally represented, the court will be slow to
conclude that the absence of a warning concerning the applicability of competent
verdicts renders the trial unfair.
9. A sentence is any measure applied by a court to the person convicted of a crime and
which finalises the case, except where specific provision is made for reconsideration of
that measure.
10. All penalty clauses providing for the imposition of a fine must be read together with
Act 105 of 1997.
11. In practice, after conviction, the accused indicates his or her previous convictions.
12. Tradition dictates that the accused provides the information required by the court
during the trial for the purpose of sentencing.
13. The law is a precise instrument and therefore any consideration of what is deemed
cruel, inhumane and degrading conduct is based on the certainty of doctrinal law.
14. Declaration as a dangerous criminal is a sui generis sentence which negates the
traditional jurisdiction of the district court.
15. An habitual criminal is one considered by society to be potentially harmful.
16. Periodical imprisonment is a form of imprisonment where the convict serves periods
of his or her sentence on an outpatient basis at a psychiatric institute.
17. An accused who is dissatisfied with the decision of a lower court on fact or law may
bring the matter before a division of a higher court by way of appeal or review.
18. Judicial review is a process which allows a court to set aside a statute or provision
on the grounds of unconstitutionality.
19. No right, whether entrenched or not, is absolute.
20. Constitutional matters include issues of interpretation, protection or enforcement of

the Constitution.
21. The criteria for an acceptable limitation of rights are prescribed by section 39 of the
Constitution.
22. If an adult accused wishes to appeal the decision of a lower court, no leave to
appeal is required.
23. When it is alleged in a lower court that a law is constitutionally invalid, the decision
as to invalidity rests with the lower court, subject to review by a higher court on the basis
of section 171 of the Magistrates’ Courts Act.
24. Owing to the supreme nature of the Constitution, direct access to the Constitutional
Court is permitted regarding any issue relating to a procedural irregularity.
25. It is a general rule that there is no appeal before conviction.
Question 1
a) Where a charge is defective for want of an averment which 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.
d) Where an accused at a summary trial pleads not guilty, the presiding officer must
inform the accused that he or she is not obliged to answer any questions.
(1) All of the statements are incorrect.
(2) All of the statements are correct.
(3) Only statements (c) and (d) are incorrect.
(4) Only statements (a) and (d) are correct.
(5) Only statements (a) and (d) are incorrect.
HINT FOR QUESTION 1: The accused is not compelled to make a statement in terms of
section 115 of the CPA and can put the state to the proof of all elements where he or
she chooses not to make any admissions. CMP3701/101
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question 2 +
a) An accused, or his or her counsel on behalf of the accused, may admit any fact
placed in issue.
b) Open justice can be limited where a witness is in danger of being exposed as a state
informant.
c) The notion of open justice establishes a protective function in respect of the fair-trial
d) In general, the accused is entitled to access exculpatory documentation in the docket.
(3) Only statement (c) is incorrect.
(4) Only statement (d) is incorrect.
HINT FOR QUESTION 2: Open justice is a form of openness as guaranteed by the
founding provisions of the Constitution, 1996.
Question 3
a) Where the legal adviser replies in writing or orally to any question by the court in
terms of section 115(3), the accused must also confirm this, but the court may not
require the accused to answer the questions personally.
b) At the trial in the regional court of an accused on a charge of murder, the judicial
officer must summon two assessors to assist him or her, unless the accused requests
that the trial proceed without assessors.
c) Section 112 can be used when an accused pleads guilty to a serious or less serious
offence.
d) It is possible for the accused to issue a written statement in terms of section 112.
(4) Only statement (b) is incorrect.
(5) Only statement (a) is incorrect.
HINT FOR QUESTION 3: An accused is entitled to legal representation at the trial, and
the legal representative acts as a shield between the accused and the court. The
representative is entitled to answer on behalf of a client, but the court has a duty to
ensure that the information put before the court is correct. 30
Question 4
a) Only the accused person appears in the dock.
b) Where persons are jointly charged, the mere possibility of prejudice is not sufficient to
justify an order for separation of trials in such a case.
c) Persons charged with separate offences alleged to have been committed at the same
time and place, or at the same place and about the same time, may be tried jointly
where the prosecutor informs the court that evidence admissible at the trial of one
person will also be admissible as evidence at the trial of another person or persons.
d) Generally, where no preparatory examination has been held, the indictment must be
accompanied by a summary of the salient facts of the case in order to inform the
accused of the allegations against him or her.
(4) Only statement (a) is correct.
HINT FOR QUESTION 4: Every general rule has an exception that is applicable in
certain circumstances. The exception does not, however, completely exclude the
operation of the general rule in ordinary circumstances.
Question 5
a) If the accused’s refusal to plead is accompanied by such improper behaviour that it
obstructs the conduct of the proceedings of the court, the court may order his or her
removal and direct that the trial proceed in his or her absence.
b) 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 trial so as to be able
to put forward a proper defence, an enquiry into his or her mental state should be made.
c) Statutory plea bargaining in terms of section 105A of the Criminal Procedure Act
means that the prosecutor can now reach an agreement with the defence on the
sentence to be imposed.
d) The indictment must be served on the accused in accordance with the rules of court.
Service is complete the moment that the indictment is posted to the accused and
received by him or her.
HINT FOR QUESTION 5: The meaning of “return of service” is relevant when an
accused is served with a summons to appear at the trial. CMP3701/101
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Question 6
a) A charge sheet containing the following averments complies with all necessary
requirements in terms of section 84(1) of the Criminal Procedure Act 51 of 1977: “That
the accused is guilty of unlawfully and intentionally killing Joey Smith, an adult female on
the 21st of January 2001 at Groenkloof in the district of Pretoria.”
b) Where an accused is convicted of both driving under the influence of liquor and
reckless driving, and both counts are based on the same facts, this would not constitute
an incorrect duplication of convictions.
c) If assessors abscond during the trial without good reason and the magistrate
continues with the trial without them, this amounts to a fatal irregularity which vitiates the
proceedings.
d) Generally, where an accused is caught selling dagga, he or she may be convicted
only of selling and not also of possession of the rest of the unsold dagga.

(4) Only statement (c) is correct.
HINT FOR QUESTION 6: In some instances, the courts have made conflicting decisions
as to what constitutes proper and improper splitting and duplication, and therefore we
work with general principles; principles that are most often based on common sense.
Question 7
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.
d) Section 86 of the Criminal Procedure Act makes provision for amendment of the
charge and not for its replacement by an altogether new charge.
HINT FOR QUESTION 7: The courts have issued conflicting judgments on issues of
splitting and duplication, but there are general principles by means of which the issue
can be approached in each case. 32
Question 8
a) The rule against the splitting of charges has in fact always been directed at the
duplication of convictions and was designed to apply in the field of punishment.
b) Where an accused is charged with both rape and incest arising from the same act of
intercourse, he will be convicted of both.
c) If an assault is committed pursuant to or in the course of an attempt to escape, the
accused should be convicted of one of these offences only.
d) The prosecution or the accused may apply for the recusal of an assessor.
can be approached in each case.
Question 9
a) Threatening a judicial officer will materially affect his or her impartiality, and his or her
refusal to recuse himself or herself on this ground is therefore irregular.
b) An accused may plead truth and public benefit where the charge is one of criminal
defamation.
c) It is regular for a court to put questions directly to an accused who is represented.
d) The right to silence has been greatly and negatively affected by the introduction of the
“plea explanation” procedure at arraignment in terms of section 115 of the CPA.
(4) Only statement (b) is correct.
HINT FOR QUESTION 9: The right to remain silent does not amount to the right not to
be questioned, but rather the right to refuse to answer any questions. CMP3701/101
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Question 10
a) In the case of traditional plea bargaining, the prosecutor and the defence cannot bind
the court to a sentence. However, the prosecutor may agree to suggest a possible
lighter sentence to the court.
b) After the accused has brought an application for a separation of trials, a proper
refusal to order a separation of trials will amount to an infringement of the accused’s
right to a fair trial.
c) An accused may be joined with any other accused in the same criminal proceedings
at any time before any evidence has been led in respect of the charge in question.
d) The general principle is that the conducting of criminal trials should take place in open
court and in the presence of the accused.
Question 1
a) The Constitution entrenches the right to a public trial.
b) The right to a public trial can be validly limited where necessary.
c) In terms of the CJA, open justice is generally limited.
d) Open justice can be limited when the complainant is under the age of 18 years.
HINT FOR QUESTION 1: In terms of section 63(5) of the CJA, the presiding officer has
discretion to grant access to those whom the court considers necessary for the purpose
of a trial.
Question 2
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.
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.
d) Provided that the accused is not prejudiced, section 86 can be used to replace a
charge with another in the same matter.
HINT FOR QUESTION 2: Remember that section 88 is called the “silent cure”, whereas
you can consider section 86 as an “active cure”. CMP3701/101
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Question 3
a) Circuit courts deviate jurisdictionally from the fixed division or seat of court.
b) A child justice court is any court established in terms of the Children’s Act 38 of 2005.
c) A child justice court can simultaneously serve as a children’s court where a child
accused is affected by social or welfare issues.
d) During arraignment of an accused, assessors take an oath to deliver a true judgment
based on the merits of the case.
HINTS FOR QUESTION 3: A circuit court is a court that sits (i.e. hears a case) at a
venue other than the high court prescribed for a certain jurisdictional area. Do not apply
the principles of CIVIL PROCEDURE to this question, because the rules are different in
criminal cases. With regard to child offenders, and the powers of the child justice court,
make sure you consult section 50 of the CJA. Remember that a child justice court is a
criminal court, even though it must make decisions using a restorative-justice framework
and thereby ensure that the best interests of the child are served.
Question 4
a) Where the plea of an accused is ambiguous, the court must enter a plea of not guilty
and question the accused in terms of section 115 of the CPA.
b) Truth and public benefit constitute a valid plea in terms of section 106 of the CPA.
c) An accused cannot object to the information in a charge sheet or indictment, but can
object to the fact that such charge sheet or indictment discloses insufficient detail.
d) In traditional plea bargaining, the parties bind the court to a certain sentence in return
for a guilty plea.
HINT FOR QUESTION 4: We no longer use the phrase “excepting to a charge” in South
African criminal courts. 20
Question 5
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.
d) The prosecution cannot deviate from the information in a charge sheet or indictment.

(3) Only statements (a) and (b) are correct.
HINT FOR QUESTION 5: Remember that sections 86 and 88 of the CPA allow for a
defect to be cured or an error to be corrected if the accused is not prejudiced thereby.
Question 6
a) Any number of participants in the same offence may be tried jointly.
b) Any number of accessories after the same fact may be tried jointly.
c) Joinder is permissive and not imperative.
d) Refusal to join is not in itself an irregularity.
HINT FOR QUESTION 6: Refer to Shaik 2008 (1) SACR 1 (CC).
Question 7
a) Section 115 of the CPA allows the accused to plead not guilty but to admit to certain
elements of the offence.
b) Statutory plea bargaining can only take place where the accused is represented.
c) A child offender cannot enter into a statutory or traditional plea bargain.
d) Diversion is a form of plea bargaining.
(3) Only statement (c) is incorrect.
(5) Only statements (c) and (d) are incorrect. CMP3701/101
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HINT FOR QUESTION 7: Consider the requirements of section 105A of the CPA as
opposed to the requirements of section 52 of the CJA.
Question 8
a) It is not necessary for the court to question an accused who has pleaded guilty in
terms of section 112 of the CPA.
b) A child offender can plead guilty at the preliminary-inquiry stage in terms of section
112 of the CJA.
c) Section 115 of the CPA can be used to alter a plea of guilty to one of not guilty where,
during the arraignment phases, the court finds that the accused has a defence.
d) After pleading, the accused is entitled, without exception, to a verdict.
HINTS FOR QUESTION 8: Firstly, keep in mind that, if a statement is partly correct and
partly incorrect, it is considered entirely incorrect for purposes of this assignment.
Secondly, with regard to child offenders, the preliminary inquiry is considered a first
appearance in terms of section 43(3)(c) of the CJA.
Question 9
a) Sections 77 to 79 of the CPA apply to child offenders.
b) A court will, in principle, grant a postponement to allow the accused an opportunity to
find work in order to pay for legal representation.
c) There are limitations to the length of time for which a child justice proceeding can be
postponed.
d) A fair trial includes the right to a speedy trial.
HINT FOR QUESTION 9: “Child justice proceeding” refers to both preliminary inquiry
and trial. 22
Question 10
a) Section 336 of the CPA provides that, where an act constitutes an offence under a
statutory and a common law provision, the accused can be convicted and sentenced
under either the statutory or common law provision.
b) There is no consensus on the part of South African courts as to whether the conduct
of a perpetrator that occurs over a long period of time should form the subject of a single
conviction or multiple convictions.
c) A court can order the removal of a trial from one venue to another venue if the court
deems it necessary or expedient.
d) In a division of the high court, the presiding judge has discretion to sit with or without
assessors.
1. The notion of “open justice” establishes a protective function in respect of the fair-trial
2. Open justice can be limited in cases where the accused is in danger of being exposed
as a state informant.
3. The accused can testify by way of closed-circuit television in cases where an open
trial may cause him or her emotional or physical harm.
4. Witnesses are protected in cases of sexual assault and extortion by way of the court’s
discretion to “close the court”.
5. Irrespective of the charge, if a matter relates to an adult accused and complainant, the
court cannot exclude the public from the trial in the interests of justice.
6. The court, the prosecutor and the accused all have the power to subpoena witnesses.
7. The advantage of a joint trial is that it saves the state resources and time.
8. Joinder is permissive and not imperative.
9. The decision to separate a trial is at the discretion of the presiding officer.
10. Cross-examination of a witness by the court is permissible within the bounds of

reasonableness.
11. The principle of equality of arms can be related to the competence of both the
prosecutor and the representative for the defence.
12. An ex tempore judgment does not infringe on the right of the accused to a speedy
trial.
13. An improper delay in delivering judgment undermines public confidence in the
judicial system.
14. Community service as a condition of a suspended sentence is not considered a
punishment.
15. Most statutory offences are enacted with an attendant penalty clause.
16. Tradition seems to indicate that the state and the accused must supply the
information required by the court during trial on sentencing.
17. Compensation and restitution are forms of restorative sentences.
18. Review is not solely the domain of the CPA.
19. The Superior Courts Act does not provide for review in criminal proceedings.
20. Judicial review has a common-law origin.
21. Any conviction, sentence or order of a lower court, and even a discharge after
conviction, are subject to leave to appeal.
22. An appeal on the facts relates to the merits of the matter in the trial court.
23. If the appellant files a notice of appeal after the prescribed period, he or she can
apply for condonation, although the court is not obliged to grant it.
1. Open justice can be equated with the concept that justice must be “seen to be done”.
2. Open justice is protected by the right to a fair trial and is an absolute right.
3. The court cannot exclude any member of the public from the trial of an adult accused.
4. In cases where a witness for the state is about to abscond, the prosecutor may apply
for a warrant of arrest and have the said witness detained pending the trial.
5. Co-accused are ordered numerically.
6. The prosecution decides the numerical order of co-accused at a trial.
7. The court can of its own accord raise the issue of separation.
8. The principle of legality is constitutionally entrenched.
9. The principle of equality of arms is founded on equal opportunities being available to
both the state and the defence to prove their respective cases.
10. The merits of a case are the cardinal point of the court’s considerations when
determining whether to convict or acquit.
30
11. Where required, the entire judgment of the court must be translated into a language
that the accused understands.
12. In cases where the charge pertains to multiple acts or omissions, the court must
deliver judgment separately on each individual charge.
13. Some sentences do not constitute punishments.
14. In Rabie 1975 (4) SA 855 (A) 862G, the court summarised the general principles of
sentencing.
15. Imprisonment, committal to a treatment centre, a fine and correctional supervision
are the only sentences that can be imposed by a court.
16. Periodical imprisonment is a form of short-term imprisonment and is also informally
known as “weekend imprisonment”.
17. The Constitution secures a general right of review.
18. Fairness no longer entails enquiring whether there was a failure of justice, but
whether the trial was fair.
19. Review is more appropriate than appeal in cases where the accused is dissatisfied
with the procedures during the trial.
20. There is a general right of appeal in South Africa.
21. The right of appeal is justifiably limited by section 36 of the Constitution.
22. A person can appeal against the sentence imposed or the conviction – not both.
23. The Constitution empowers the President to pardon or reprieve offenders in certain
circumstances.
25. The Department of Justice and Constitutional Development has the sole
responsibility to expunge records on application by the accused.
1. Escaping from unlawful custody constitutes a serious offence.

2. Public violence is a competent verdict to a charge of murder.
3. South Africa does not follow a system of compulsory prosecution.
4. A defect in the charge sheet or indictment may be cured by evidence.
5. In general, youth is regarded as an aggravating factor in sentencing.
6. A declaratory order may be applied for in order to establish a conviction.
7. An application for leave to appeal may not be brought verbally in the lower court and
the higher courts directly after the verdict.
8. Extraordinary review proceedings apply in respect of criminal proceedings which are
not ordinarily subject to automatic review.
9. The police are empowered in the case of certain serious offences to arrest persons
and detain them for the purpose of interrogation.
10. Section 9 of Child Justice Act 75 of 2008 deals with the procedure for child offenders
between 10 and 14 years of age.
11. The methods of securing the attendance of a child at a preliminary inquiry are limited
to arrest.
12. The purpose of the probation officer’s report is to determine the criminal capacity of
the child offender.
13. A preliminary inquiry is an informal inquisitorial procedure conducted in court.
14. Condonation will be readily granted by the court if there is a reasonable prospect of
a successful appeal.
15. The trial of the accused does not usually commence at his first appearance in court.
1. A district court has the jurisdiction to try serious offences against the State.
2. The function of further particulars is to define issues and not to enlarge them.
3. The procedure in terms of which the defence asks questions to the state witnesses is
called examination-in-chief.
4. The test for a discharge is based on the question whether there is sufficient evidence
upon which a reasonable man might convict.
5. Generally, force must be used to effect arrest.
6. Common assault is a competent verdict on a charge of murder or attempted murder.
7. A caution amounts to a sentence.
8. A prosecutor may withdraw a case without the permission of the DPP.
9. A convicted accused may appeal his or her conviction by a district court to a regional
court in the same division.
10. Previous convictions are regarded as a mitigating factor in sentencing proceedings.
11. The state is dominus litis and is therefore in control of the prosecution.
12. The amount of the fine to be paid by the accused is left to the discretion of the
prosecutor.
13. An appeal court has the general discretion to correct a sentence.
14. A review is concerned with the validity of the proceedings.
15. No review may be instituted at the instance of the prosecution.
1. The right to a fair trial includes the right to a prosecutor who acts without fear, favour
or prejudice.
2. Section 186 of the Criminal Procedure Act empowers the court to recall witnesses
who have previously testified at the trial so that they can be examined by the court.
3. In terms of section 63(4) of the Child Justice Act, the court may not interfere in the
cross-examination of a child.
4. The court must control and manage the proceedings within the bounds of the law and
without sacrificing its impartiality.
5. The presiding officer must make sure that the accused understands the language
used by a witness.
6. The principle of finality demands that the state and the accused have an opportunity
to reopen their cases where they previously failed to examine evidence introduced in the
main trial.
7. Cross-examination partly by the accused and partly by his or her legal representative
must be avoided.
8. Section 174 (CPA) provides that, if there is no chance that the accused will
incriminate himself or herself during his or her defence, he or she must be discharged
from prosecution.
9. The so-called “Shuping test” is the constitutional test for section 174 (CPA).
10. An accused may not be discharged at the end of the state’s case if there is a
possibility that he or she will incriminate himself or herself during his or her defence.
11. The constitutional right of the public to justice demands that an application in terms
of section 174 (CPA) be denied if there is a reasonable possibility that the accused will
discharge the burden of proof in his or her defence.
12. In order to definitively prove the innocence of the accused, the defence may proceed
with its case even where the court has granted a section 174 (CPA) discharge.
13. The accused must be informed of the charge against him or her in sufficient detail to
answer it.
14. If there is no proof that the accused was a perpetrator or co-perpetrator or
accomplice in the crime charged, he or she may be convicted as an accessory after the
fact to the crime charged should there indeed be proof that he or she acted in such
capacity.
15. The court is functus officio after delivery of judgment.
16. Section 176 is primarily aimed at a situation where a court inadvertently sentences
the accused to punishment which, on further consideration, is too harsh.
17. A court has a wide-ranging sentencing discretion.
18. Rabie 1975 (4) SA 855 emphasised the role of the criminal, the crime and society in
the implementation of punishment.
19. If a court is satisfied that substantial and compelling circumstances exist which justify
a lesser sentence, it must deviate from the sentence prescribed.
20. After previous convictions have been proven, the accused is entitled to lead
evidence in aggravation of sentence.
21. As a general principle, young offenders are sentenced more leniently than adults.
22. A person convicted time and again for similar offences will progressively be punished
more severely.
23. One of the first decisions of a sentencing court is whether to remove the offender
from society or to punish him or her within the community.
24. Ordinary imprisonment for a term determined by the court is the most common form
of imprisonment.
25. Life imprisonment can only be imposed by a division of the high court, unless the
Criminal Law Amendment Act 105 of 1997 allows a regional court to impose
imprisonment for life.
26. The Criminal Procedure Act provides that any reference in a statute to a minimum
period of imprisonment of more than three months must be construed as a reference to
a period of exactly three months.
27. Courts do not have a wide discretion with regard to the imposition of a fine as a form
of sentence.
28. Sections 287(2), 288 and 289 of the Criminal Procedure Act provide the means by
which fines may be recovered.
29. In terms of section 172 of the Constitution, the Supreme Court of Appeal is a
competent court as a court of first instance on a constitutional matter.
30. In terms of section 172 of the Constitution, an association acting in the interests of its
members lacks locus standi in the Constitutional Court. 31. Any person may, by way of
the action procedure, approach any court to confirm an order of constitutional invalidity.
32. Access to courts competent to hear constitutional matters may be gained by way of
leave to appeal.
33. There is a vast difference between appeal and review proceedings, since only one
aims at setting aside a conviction or sentence.
34. A review may be brought against the finding of a lower court on any point of law
and/or fact, whereas an appeal may only be brought on the ground of a specific
procedural irregularity.
35. In an appeal, the parties are confined to what appears on the record, but, in a
review, it is permissible to prove any of the grounds for review.
36. A review is generally not permissible on a finding of fact, unless the finding is so
unreasonable that it constitutes an irregularity.
37. After the decision in Ntuli 1997 (2) SACR 19 (CC), all convicted persons had an
absolute or unlimited right of appeal.
38. Evidence of certain formal matters may be given by way of affidavit but is subject to
the right of the opposing party to object to such evidence.
39. Where a magistrate has made a mistake in the recording of the evidence, he/she
cannot correct the mistake after sentence as he/she is then functus officio.
40. It is accepted practice that the prosecutor in a superior court trial is obliged to call all
the witnesses who made depositions at the preparatory examination.
41. Where an accused has more than one legal representative, only one of the
representatives is permitted to cross-examine any particular state witness.
42. If an accused’s application for discharge at the end of the state’s case is successful,
the director of public prosecutions (or public prosecutor) may appeal in terms of section .
43. The legislature did not specially provide for an “accessory before the fact” as a
competent verdict on a charge of having committed an offence. However, such a person
can be charged and punished as a principal offender.
44. All sentences should take into account only the (so-called) main purposes of
punishment, namely retribution, deterrence, prevention and rehabilitation.
45. In the United States of America, the death penalty itself has not been held to be
unconstitutional.
46. In terms of the Constitution, the Constitutional Court found the death penalty not to
be cruel, inhuman and degrading.
47. Life imprisonment is an indeterminate sentence, because, when it is imposed, it is
unknown for how long the offender will be imprisoned.
48. A court may discharge an offender with a mere caution and, although the discharge
has the effect of an acquittal, the conviction is still recorded and counts as a previous
conviction.
49. A full court is a court of appeal and not a court of first instance, and, consequently, a
criminal trial cannot be conducted before such a court.
50. A child justice court is any court properly constituted in terms of the Children’s Act 38
of 2005.
Question 1
(a) A charge sheet containing the following averments complies with all necessary
requirements in terms of section 84(1) of the Criminal Procedure Act 51 of 1977: “That
the accused is guilty of unlawfully and intentionally killing Joey Smith, an adult female on
the 21st of January 2001 at Groenkloof in the district of Pretoria.”
(b) Where an accused is convicted of both driving under the influence of liquor and
reckless driving, and both counts are based on the same facts, this would not constitute
an incorrect duplication of convictions.
(c) If assessors abscond during the trial without good reason and the magistrate
continues with the trial without them, this amounts to a fatal irregularity which vitiates the
proceedings.
(d) Generally, where an accused is caught selling dagga, he or she may be convicted
only of selling and not also of possession of the rest of the unsold dagga.
[1] All of the statements are incorrect.

[2] All of the statements are correct.
[3] Only statement (b) is incorrect.
[4] Only statement (c) is correct.
[5] Only statements (a) and (d) are correct.
HINT FOR QUESTION 1: In some instances, the courts have made conflicting decisions
as to what constitutes proper and improper splitting and duplication, and therefore we
work with general principles, principles that are most often based on common sense.
CMP3701/101
49
Question 2
(a) In the case of traditional plea bargaining, the prosecutor and the defence cannot bind
the court to a sentence. However, the prosecutor may agree to suggest a possible
lighter sentence to the court.
(b) After the accused has brought an application for a separation of trials, a proper
refusal to order a separation of trials will amount to an infringement of the accused’s
right to a fair trial.
(c) An accused may be joined with any other accused in the same criminal proceedings
at any time before any evidence has been led in respect of the charge in question.
(d) The general principle is that the conducting of criminal trials should take place in
open court and in the presence of the accused.
[4] Only statement (a) is correct.
HINT FOR QUESTION 2: The rights contained in section 35 of the Constitution can be
validly and properly limited in certain instances.
Question 3
(a) Where the legal adviser replies in writing or orally to any question by the court in
terms of section 115(3), the accused must also confirm this, but the court may not
require of the accused to answer the questions personally.
(b) At the trial in the regional court of an accused on a charge of murder, the judicial
officer must summon two assessors to assist him or her, unless the accused requests
that the trial proceed without assessors.
(c) Section 112 can be used when an accused pleads guilty to a serious or less serious
offence.
(d) It is possible for the accused to issue a written statement in terms of section 112.
[3] Only statements (c) and (d) are incorrect.
[5] Only statement (a) is incorrect.
HINT FOR QUESTION 3: An accused is entitled to legal representation at the trial, and
the legal representative acts as a shield between the accused and the court. The
representative is entitled to answer on behalf of a client, but the court has a duty to
ensure that the information put before the court is correct. 50
Question 4
(a) Only the accused person appears in the dock.
(b) Where persons are jointly charged, the mere possibility of prejudice is not sufficient
to justify an order for separation of trials in such a case.
(c) Persons charged with separate offences alleged to have been committed at the
same time and place, or at the same place and about the same time, may be tried jointly
where the prosecutor informs the court that evidence admissible at the trial of one
person will also be admissible as evidence at the trial of another person or persons.
(d) Generally, where no preparatory examination has been held, the indictment must be
accompanied by a summary of the salient facts of the case in order to inform the
accused of the allegations against him or her.
[5] Only statements (a) and (d) are incorrect.
HINT FOR QUESTION 4: Every general rule has an exception that is applicable in
certain circumstances. The exception does not, however, completely exclude the
operation of the general rule in ordinary circumstances. CMP3701/101
51
Question 5
(a) If the accused’s refusal to plead is accompanied by such improper behaviour that it
obstructs the conduct of the proceedings of the court, the court may order his or her
removal and direct that the trial proceed in his or her absence.
(b) 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 trial so as to be able
to put forward a proper defence, an enquiry into his or her mental state should be made.
(c) Statutory plea bargaining in terms of section 105A of the Criminal Procedure Act
means that the prosecutor can now reach an agreement with the defence on the
sentence to be imposed.
(d) The indictment must be served on the accused in accordance with the rules of court.
Service is complete the moment that the indictment is posted to the accused and
received by him or her.
[4] Only statement (d) is incorrect.
HINT FOR QUESTION 5: The meaning of “return of service” is relevant when an
accused is served with a summons to appear at the trial. 52
Question 6
(a) Where a charge is defective for want of an averment which 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.
(d) Where an accused at a summary trial pleads not guilty, the presiding officer must
inform the accused that he or she is not obliged to answer any questions.
HINT FOR QUESTION 6: The accused is not compelled to make a statement in terms of
section 115 of the CPA and can put the state to the proof of all elements where he or
she chooses not to make any admissions. CMP3701/101
53
Question 7
(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.
(d) Section 86 of the Criminal Procedure Act makes provision for amendment of the
charge and not for its replacement by an altogether new charge.
can be approached in each case.
Question 8
(a) The rule against the splitting of charges was in fact always directed at the duplication
of convictions and was designed to apply in the field of punishment.
(b) Where an accused is charged with both rape and incest arising from the same act of
intercourse, he will be convicted of both.
(c) If an assault is committed pursuant to or in the course of an attempt to escape, the
accused should be convicted of one of these offences only.
(d) The prosecution or the accused may apply for the recusal of an assessor.
can be approached in each case. 54
Question 9
(a) Threatening a judicial officer will materially affect his or her impartiality, and his or her
refusal to recuse himself or herself on this ground is therefore irregular.
(b) An accused may plead truth and public benefit where the charge is one of criminal
defamation.
(c) It is regular for a court to put questions directly to an accused who is represented.
(d) The right to silence has been greatly and negatively affected by the introduction of
the “plea explanation” procedure at arraignment in terms of section 115 of the CPA.
[4] Only statement (b) is correct.
HINT FOR QUESTION 9: The right to remain silent does not amount to the right not to
be questioned, but rather the right to refuse to answer any questions.
Question 10
(a) An accused, or his or her counsel on behalf of the accused, may admit any fact
placed in issue.
(b) Open justice can be limited where a witness is in danger of being exposed as a state
informant.
(c) The notion of open justice establishes a protective function in respect of the fair-trial
(d) In general, the accused is entitled to access exculpatory documentation in the
docket.
[3] Only statement (c) is incorrect.
1. A criminal trial commences once an accused has pleaded in a court which has the
required jurisdiction to hear evidence.
2. The phrase “in the course of a criminal trial” refers to all procedures which may or
must be followed from the time the accused has pleaded until a verdict on the merits.
3. A criminal trial can be broadly described as a state-sponsored, public, judicial and
primarily oral hearing.
4. The seven fundamental principles which govern a criminal trial are trial fairness,
legality, judicial impartiality, equality of arms, judicial control, orality, and finality.
42
5. At the end of a criminal trial, the court must consider and deliver its verdict based on
the state’s ability to satisfy its burden of proof.
6. An extempore judgment is one in which the court postpones its judgment owing to the
complexity of the merits.
7. It is generally impossible for the accused to be convicted on another charge where the
prosecutor manages to prove the elements of that crime as opposed to the crime as
charged at the trial.
8. In cases where the accused is not legally represented, the court will be slow to
conclude that the absence of a warning concerning the applicability of competent
verdicts renders the trial unfair.
9. A sentence is any measure applied by a court to the person convicted of a crime and
which finalises the case, except where specific provision is made for reconsideration of
that measure.
10. All penalty clauses providing for the imposition of a fine must be read together with
Act 105 of 1997.
11. In practice, after conviction, the accused indicates his or her previous convictions.
12. Tradition dictates that the accused provides the information required by the court
during the trial for the purpose of sentencing.
13. The law is a precise instrument and therefore any consideration of what is deemed
cruel, inhumane and degrading conduct is based on the certainty of doctrinal law.
14. Declaration as a dangerous criminal is a sui generis sentence which negates the
traditional jurisdiction of the district court.
15. An habitual criminal is one considered by society to be potentially harmful.
16. Periodical imprisonment is a form of imprisonment where the convict serves periods
of his or her sentence on an outpatient basis at a psychiatric institute.
17. An accused who is dissatisfied with the decision of a lower court on fact or law may
bring the matter before a division of a higher court by way of appeal or review.
18. Judicial review is a process which allows a court to set aside a statute or provision
on the grounds of unconstitutionality.
19. No right, whether entrenched or not, is absolute.
20. Constitutional matters include issues of interpretation, protection or enforcement of
the Constitution.
21. The criteria for an acceptable limitation of rights are prescribed by section 39 of the
22. If an adult accused wishes to appeal the decision of a lower court, no leave to
appeal is required.
23. When it is alleged in a lower court that a law is constitutionally invalid, the decision
as to invalidity rests with the lower court, subject to review by a higher court on the basis
of section 171 of the Magistrates’ Courts Act.
24. Owing to the supreme nature of the Constitution, direct access to the Constitutional
Court is permitted regarding any issue relating to a procedural irregularity.
25. It is a general rule that there is no appeal before conviction.
26. A court of appeal can only interfere with the sentence of a lower court where that
court (the lower court) failed to exercise its discretion judicially in a proper and
reasonable manner.
27. An appeal court is ordinarily loath to interfere with the findings of a trial court on
questions of fact.
28. If an appellant who has noted and prosecuted his or her appeal fails to appear, the
court may summarily dismiss the appeal as a consequence of non-appearance.
29. A court of appeal can hold an inspection in loco.
30. For purposes of appeal, it is important to have a reliable record of the proceedings of
the trial court.
31. A division of the high court has jurisdiction over all persons who reside or are present
within its area of jurisdiction, and it has the power to hear and determine appeals from all
lower courts within its area of jurisdiction and to review the proceedings of all such
courts.
32. A fugitive convicted person may not appeal.
33. Where the grounds of appeal contain several issues and conflicts of fact, it is
important for the magistrate to know what the issues are in order for him or her to deal
with them in the reasons for judgment.
34. Where an appeal is not noted within the time periods indicated by the Criminal
Procedure Act and the Magistrates’ Courts Act, the court can condone the lateness and
allow the appeal to proceed.
35. An appeal brought under section 327 (CPA) must be disposed of by a division of the
high court with appeal jurisdiction after each party is afforded the opportunity to present
oral argument in open court.
36. The prosecution, in line with the English approach, may prosecute an appeal on the
facts.
37. The Constitution empowers the President to pardon or reprieve offenders.
38. The Indemnity Act 35 of 1990 and the Further Indemnity Act 124 of 1992
empowered the President to grant any person either temporary amnesty or immunity.
39. In the case of an adult offender, it is possible for his or her record to be expunged
automatically, on application or after a fixed period.
40. In the case of a child offender, his or her record is expunged automatically at the age
of 18.
41. When an accused person challenges the correctness of his/her conviction and/or
sentence by a lower court, the correct procedure to be followed is that of review.
42. In order to reconstruct a lost record, the recalling of witnesses who gave evidence
during the trial would be irregular.
43. When a review judge directs a query to the magistrate who presided over the
criminal case under review, the latter may at any time when it suits him/her and in any
manner respond to such a query.
44. All courts have the power to exclude improperly obtained evidence and this power
does not fall exclusively within the jurisdiction of courts of review and appeal.
45. If the magistrate, in a procedurally correct manner, performs his/her functions in a
proper and regular way but comes to a wrong conclusion on the merits, no application
may be made to the court of appeal before conviction.
46. A question of law arises only when the facts upon which the trial court based its
judgment could have a legal consequence other than that which the trial court found.
Accordingly, whether the trial court’s factual findings are right or wrong is the only
relevant factor in order to determine whether the court erred in law.
47. A third party who has an interest in a verdict of guilty or in a subsequent order has
locus standi in iudicio to appeal.
48. Leave to appeal is not required where the convicted person was, at the time of the
commission of the offence, at least 14 years of age but below the age of 21 years, was
not assisted by a legal representative at the time of conviction in a regional court, and
was sentenced to any form of imprisonment as contemplated in section 276(1) that was
not wholly suspended.
49. Before any evidence is led, the prosecutor is entitled to address the court for the
purpose of explaining the charge and opening the evidence intended to be adduced for
the prosecution, but without comment thereon.
50. In a criminal trial, an accused may decide to present his/her evidence either viva
voce or by means of a written statement.
23
Question 1
(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.
(d) The prosecution cannot deviate from the information in a charge sheet or indictment.

[3] Only statements (a) and (b) are correct.
[4] Only statement (c) is correct.
HINT FOR QUESTION 1: Remember that sections 86 and 88 of the CPA allow for a
defect to be cured or an error to be corrected if the accused is not prejudiced thereby.
Question 2
(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.
(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.
(d) Provided that the accused is not prejudiced, section 86 can be used to replace a
charge with another in the same matter.
HINT FOR QUESTION 2: Remember that section 88 is called the “silent cure”, whereas
you can consider section 86 as an “active cure”. 24
Question 3
(a) Circuit courts deviate jurisdictionally from the fixed division or seat of court.
(b) A child justice court is any court established in terms of the Children’s Act 38 of 2005.
(c) A child justice court can simultaneously serve as a children’s court where a child
accused is affected by social or welfare issues.
(d) During arraignment of an accused, assessors take an oath to deliver a true judgment
based on the merits of the case.
(2] All of the statements are correct.
HINTS FOR QUESTION 3: A circuit court is a court that sits (i.e. hears a case) at a
venue other than the high court prescribed for a certain jurisdictional area. Do not apply
the principles of CIVIL PROCEDURE to this question, because the rules are different in
criminal cases. With regard to child offenders, and the powers of the child justice court,
make sure you consult section 50 of the CJA. Remember that a child justice court is a
criminal court, even though it must make decisions using a restorative-justice framework
and thereby ensure that the best interests of the child are served.
Question 4
(a) Where the plea of an accused is ambiguous, the court must enter a plea of not guilty
and question the accused in terms of section 115 of the CPA.
(b) Truth and public benefit constitute a valid plea in terms of section 106 of the CPA.
(c) An accused cannot object to the information in a charge sheet or indictment, but can
object to the fact that such charge sheet or indictment discloses insufficient detail.
(d) In traditional plea bargaining, the parties bind the court to a certain sentence in return
for a guilty plea.
HINT FOR QUESTION 4: We no longer use the phrase “excepting to a charge” in South
African criminal courts. CMP3701/101
25
Question 5
(a) The Constitution entrenches the right to a public trial.
(b) The right to a public trial can be validly limited where necessary.
(c) In terms of the CJA, open justice is generally limited.
(d) Open justice can be limited when the complainant is under the age of 18 years.
HINT FOR QUESTION 5: In terms of section 63(5) of the CJA, the presiding officer has
discretion to grant access to those whom the court considers necessary for the purpose
of a trial.
Question 6
(a) Any number of participants in the same offence may be tried jointly.
(b) Any number of accessories after the same fact may be tried jointly.
(c) Joinder is permissive and not imperative.
(d) Refusal to join is not in itself an irregularity.
[4] Only statements (a) and (b) are correct.
HINT FOR QUESTION 6: Refer to Shaik 2008 (1) SACR 1 (CC). 26
Question 7
(a) Section 336 of the CPA provides that, where an act constitutes an offence under a
statutory and a common law provision, the accused can be convicted and sentenced
under either the statutory or common law provision.
(b) There is no consensus on the part of South African courts as to whether the conduct
of a perpetrator that occurs over a long period of time should form the subject of a single
conviction or multiple convictions.
(c) A court can order the removal of a trial from one venue to another venue if the court
deems it necessary or expedient.
(d) In a division of the high court, the presiding judge has discretion to sit with or without
assessors.
HINT FOR QUESTION 7: Do not confuse the principles of mandatory and discretionary
appointment of assessors in a division of the high court and in lower courts.
Question 8
(a) It is not necessary for the court to question an accused who has pleaded guilty in
terms of section 112 of the CPA.
(b) A child offender can plead guilty at the preliminary-inquiry stage in terms of section
112 of the CJA.
(c) Section 115 of the CPA can be used to alter a plea of guilty to one of not guilty
where, during the arraignment phases, the court finds that the accused has a defence.
(d) After pleading, the accused is entitled, without exception, to a verdict.
HINTS FOR QUESTION 8: Firstly, keep in mind that, if a statement is partly correct and
partly incorrect, it is considered entirely incorrect for purposes of this assignment.
Secondly, with regard to child offenders, the preliminary inquiry is considered a first
appearance in terms of section 43(3)(c) of the CJA. CMP3701/101
27
Question 9
(a) Sections 77 to 79 of the CPA apply to child offenders.
(b) A court will, in principle, grant a postponement to allow the accused an opportunity to
find work in order to pay for legal representation.
(c) There are limitations to the length of time for which a child justice proceeding can be
postponed.
(d) A fair trial includes the right to a speedy trial.
HINT FOR QUESTION 9: “Child justice proceeding” refers to both preliminary inquiry
and trial.
Question 10
(a) Section 115 of the CPA allows the accused to plead not guilty but to admit to certain
elements of the offence.
(b) Statutory plea bargaining can only take place where the accused is represented.
(c) A child offender cannot enter into a statutory or traditional plea bargain.
(d) Diversion is a form of plea bargaining.
[3] Only statement (c) is incorrect.
HINT
2010 Second Semester – Assignment 1

Question 1
(a) When a court has decided to impose a sentence of correctional supervision, it must determine the
composition of the sentence as the conditions of sentence may not be left to the discretion of the
Department of Correctional Services.
(b) Correctional supervision may not be imposed in conjunction with any other form of punishment.
(c) When considering conditions of suspension, negative conditions are the most common conditions
and require of the offender not to repeat the crimes specified.
(d) Being sent to a reformatory is a severe punishment which resembles imprisonment.
(2) Only statements (c), (b) and (d) are correct.
(3) Only statements (a), (c) and (d) are correct.
(4) All the statements are correct.
(5) All the statements are wrong.
Question 2
(a) Where the legal advisor replies in writing or orally to any question by the court in terms of section
115(3) the accused must also confirm this, but the court may not require of the accused to answer
the questions personally.
(b) At the trial in the regional court of an accused on a charge of murder, the judicial officer must
summon two assessors to assist him.
(c) Section 112 only applies where a plea of guilty is tendered before the commencement of a trial.
(d) It is not required of an accused that his statement intended to indicate the basis of his defence be
made under oath.
(3) Only statements (b) and (d) are correct.
(4) Only statements (a), (b) and (d) are correct.
(5) Only statements (a), (b) and (c) are correct.
Question 3
(a) Only the accused person is allowed in lieu of giving evidence under oath, to make an unsworn
statement from the dock.
(b) Where persons are jointly charged, the probability of prejudice is not sufficient to justify an order
for
separation of trial in such a case.
(c) An accused may be joined with any other accused in the same criminal proceedings at any time
before the explanation of plea and questioning of the last mentioned accused, has taken place.
(d) After every witness has been cross examined by the other party, the party who called the witness
may re-examine the witness on any matter concerning the charges.
(1) None of the statements is correct.
(2) Only statements (b) and (c) are correct.
CMP301-A Page 2 of 22
Question 4
(a) Fear for the safety of a witness and the safety of his/her family is a just excuse not to give
evidence.
(b) Persons charged with the same offence or separate offences alleged to have been committed at
the same time and place or at the same place and about the same time, may be charged jointly in
the same indictment.
(c) After the accused has brought an application for separation a proper refusal to order a separation
of trials will amount to an infringement of an accused’s right to a fair trial.
(d) An accused may be joined with any other accused in the same criminal proceedings at any time
before any evidence has been led in respect of the charge in question.
(3) Only statements (b) and (c) are wrong.
(5) Only statements (a) and (d) are wrong.
Question 5
(a) With regard to the general appeal procedure, the law allows an absolute right of appeal against a
decision or order of a provincial or local division of a High Court as a court of first instance.
(b) The Supreme Court of Appeal has the power to impose a punishment more severe than that
imposed by the court a quo.
(c) When an accused has exhausted all recognised remedies of appeal or review or if they are no
longer available to him/her, there is no further remedy or legal procedure available that would
assist him/her when new evidence becomes available which materially affects his/her conviction.
(d) A fugitive convicted person also has a right of appeal against his/her conviction or sentence.
(2) All statements are wrong.
(3) All statements are correct.
Question 6
(a) There exists an absolute rule that failure to cross-examine a witness precludes the party in
question from disputing the truth of that evidence.
(b) A presiding officer does have the authority to close the State’s case if the prosecutor is not willing
to do so.
(c) No rule of practice, such that an accused must be discharged mero motu when the State has
closed its case, has been developed by the Supreme Court of Appeal.
(d) The courts has to inform an accused that he/she does not have to stand in the witness stand when
testifying under oath, but could also do so from the dock.
(3) Only statement (d) is correct.
(4) Statements (a) and (c) are wrong.
(5) Only statement (b) and (c) are correct.
Question 7
(a) Where the state is aware that the victim of an assault is in a critical condition but nevertheless
charges the accused of assault, the accused is thereafter convicted of assault and the victim then
dies because of the assault, the state cannot prosecute the accused of murder or culpable
homicide.
(b) Where the accused has previously been convicted of robbery, he may not be prosecuted again of
attempting to commit such robbery or as an accessory after the fact.
(c) An acquittal is on the merits even though the state has led no evidence at all.
(d) Where no preparatory examination has been held, the indictment must be accompanied by a
summary of the salient facts of the case, in order to inform the accused of the allegations against
him.
(1) Statements (a) and (d) are correct.
(2) Only statements (a) and (b) are wrong.
(3) Only statements (b), (c) and (d) are wrong.
Question 8
(a) In terms of section 167 of the Criminal Procedure Act, a duty is cast on the court to subpoena and
examine or recall and re-examine any person if his evidence appears to the court to be necessary
for disposal of the case.
(b) In terms of the section 296 of the Criminal Procedure Act an offender must be committed to a
treatment centre in addition to any other sentence for such an offence.
(c) A court of appeal cannot interfere with a sentence unless the trial court has not exercised its
discretion judicially, that is, in a proper and reasonable manner.
(d) If the accused's refusal to plead is accompanied by such improper behaviour that it obstructs the
conduct of the proceedings of the court, the court must order his removal and direct the trial to
proceed in his absence.
(4) All the statements are true.
(5) All the statements are false.
Question 9
(a) When the accused is called upon to plead to a charge and it appears uncertain whether he is
capable of understanding the proceedings at the trial, so as to be able to make a proper defence,
an enquiry into his mental state must be made by the medical superintendent of a psychiatric
hospital.
(b) Statutory plea bargaining in terms of section 105A of the Criminal Procedure Act entails that the
prosecutor can now also reach an agreement with the defence on the conviction and the sentence
to be imposed.
(c) Section 112 of the Criminal Procedure Act applies only where a plea of guilty is tendered before
the
commencement of a trial and not also when an accused changes his plea to one of guilty during
the course of the trial.
(d) The acceptance by the prosecutor of the accused’s plea of not guilty to a serious charge (eg
robbery) and his acceptance of the accused’s plea of guilty to a less serious charge (eg assault)
indicates that the prosecutor has withdrawn the main charge and will allow the prosecutor to
charge the accused again on the serious charge.
(2) Only statements (c), (d) and (b) are correct.
(5) All the statements are incorrect.
Question 10
(a) The indictment must be served on the accused in accordance with the rules of court. Service is
effected the moment the indictment is posted to the accused and received by him/her.
(b) Postponements and recalling of witnesses could serve as a substitute for the right of an accused
to
be sufficiently informed of the charges before he pleads and before he presents his defence.
(c) Where a charge is defective for the want of an averment which is an essential ingredient of the
relevant offence, the defect shall be cured by evidence at the trial proving the matter which should
have been averred.
(d) Section 86 makes provision for amendment of the charge that requires that the proposed
amendment must differ to such an extent from the original charge that it is in essence another
charge.
2010 May / June Examination
Question 1 2010 2nd - A2 q9
hospital.
to be imposed.
the
charge the accused again on the serious charge.
(2) Only statements (c), (d) and (b) are correct.
to
have been averred.
charge.
made under oath.
Question 4
(a) If, when the accused is called upon to plead to charge, it appears to be uncertain for any reason
whether he is capable of understanding the proceedings at the trial, so as to be able to make a
proper defence, the court must find that the accused is mentally ill or mentally defect and direct that
he be detained pending the signification of the decision of a judge in chambers. p212(219) 2.4
(b) The acceptance by the prosecutor of a plea of not guilty to a serious charge of murder and the
acceptance of a plea of guilty to a less serious charge of assault should be seen as a withdrawal of
the main charge in terms of s 6(a) or a stopping of the prosecution in terms of s 6(b). p221(227) 2.4.1.3
(c) If a magistrate’s (district) court, after conviction following on a plea of guilty but before sentence, is
of the opinion that the accused is a dangerous criminal as referred to in s 286A(1), the court shall
stop the proceedings and commit the accused for sentence by a high court having jurisdiction.
(d) Where an accused at a summary trial pleads not guilty, the presiding official may inform the
accused that he is not obliged to answer any questions. p225(232) 4.3.1
(4) Only statements (c) and (d) are correct.
evidence.
(c) After the accused has brought an application for separation a proper refusal to order a separation
of trials will amount to an infringement of an accused’s right to a fair trial.
(2) All statements are wrong.
(5) Only statement (b) is correct and (a), (c) and (d) are incorrect.
p224(230) 4.2.5
Question 7
(a) Direct access to the Constitutional Court by a member of the public, shall be allowed in
exceptional
circumstances only and is not an appeal. p350(362) 1.2.5.2
(b) A court of appeal cannot interfere with a sentence unless the trial court has not exercised its
discretion judicially. p354(365) 1.4
(c) A court of appeal may not hold an inspection in loco. p359(370) 1.10
(d) Sentences may be increased on appeal. p373(385) 2.10
homicide.
(c) An acquittal will always be “on the merits” even though the state has led no evidence at all.
him.
(1) Statements (a) and (d) are true.
2010 First Semester – Assignment 1
Question 1
(a) When an accused person challenges the correctness of his/her conviction and/or sentence by a
lower court, the correct procedure to be followed would be by means of the review procedure.
(b) In order to reconstruct a lost record, the recalling of witnesses who gave evidence during the trial
would be irregular.
(c) When a review judge directs a query to the magistrate who presided at the criminal case under
review, the latter may at any time when it suits him and in any manner, respond to such a query.
(d) All courts have the power to exclude improperly obtained evidence as this power does not only fall
exclusively within the jurisdiction of the courts of review and appeal.
Question 2
(a) If the magistrate, in a procedurally correct manner, performs his functions in a proper and regular
way but comes to a wrong conclusion on the merits, no application may be made to the court of
appeal before conviction.
(b) A question of law arises only when the facts upon which the trial court based its judgment could
have another legal consequence than that which the trial court had found. Accordingly, whether the
trial court’s factual findings are right or wrong, is the only relevant factor in order to determine
whether the court erred in law.
(c) A third party who has an interest in a verdict of guilty or in a subsequent order has locus standi in
iudicio to appeal.
(d) Leave to appeal is not required where the convicted person was, at the time of the commission of
the offence, at least 14 years of age but below the age of 21 years of age, not assisted by a legal
representative at the time of conviction in a regional court and was sentenced to any form of
imprisonment as contemplated in section 276(1) that was not wholly suspended.
(4) Only statements (b), (c) and (d) are correct.
Question 3
(a) Before any evidence is led the prosecutor is entitled to address the court for the purpose of
explaining the charge and opening the evidence intended to be adduced for the prosecution but
without comment thereon.
(b) In a criminal trial an accused may decide to present his evidence either viva voce or by means of a
written statement.
(c) Evidence of certain formal matters may be given by way of affidavit but subject to the right of the
opposing party to object to such evidence.
(d) Where a magistrate has made a mistake in the recording of the evidence he cannot correct the
mistake after sentence as he is then functus officio.
(2) Only statements (a) and (c) are correct.
Question 4
(a) When by mistake a wrong judgment or sentence is delivered or passed, the court may, before or
immediately after it is recorded, amend the judgment or sentence.
(b) Section 271A provides that certain previous convictions “fall away” after a period of fifteen (15)
years if the offender has not committed a fairly serious crime within that period.
(c) An offender must be committed to a treatment centre in lieu of any other sentence.
(d) All imposed sentences may be suspended.
(1) Only statements (b) and (d) are wrong.
Question 5
(a) The maximum term for which a sentence may be suspended is three (3) years.
(b) The court shall enter a plea of not guilty if the accused refuses to plea or answer directly to the
charge.
(c) If the totality of the accused’s criminal conduct can be accommodated in one single charge, the
accused may not be convicted of multiple charges.
(d) An accused will be entitled to an acquittal or conviction where a separation of trials takes place.
(1) Only statement (a) and (c) are correct.
(2) Only statement (b) and (c) are correct.
(3) Only statement (a) and (d) are correct.
Question 6
(a) It is accepted practice that the prosecutor at a superior court trial is obliged to call all the witnesses
who made depositions at the preparatory examination.
(b) Where an accused has more than one legal representative, only one of the representatives is
permitted to cross-examine any particular state witness.
(c) If an accused’s application for discharge at the end of the State’s case is successful, the director of
public prosecutions (or public prosecutor) may appeal in terms of section 310.
(d) The legislature did not specially provide for an “accessory before the fact” as a competent verdict
on a charge of having committed such offence. Such a person can be charged and punished as a
principal offender.
(4) Statement (a) and (b) are wrong.
Question 7
(a) All sentences should take into account only the (so-called) main purposes of punishment, namely
retribution, deterrence and prevention.
(b) In the United States of America the death penalty itself has not been held to be unconstitutional.
(c) In terms of the Constitution the Constitutional Court found the death penalty not to be cruel,
inhuman and degrading.
(d) Life imprisonment is an indeterminate sentence, because when it is imposed, it is unknown for
how
long the offender will be imprisoned.
(4) Only statement (b) is wrong.
Question 8
(a) A court may discharge an offender with a mere caution and although the discharge has the effect
of an acquittal, the conviction is still recorded and counts as a previous conviction.
(b) A Full Court is a court of appeal and not a court of first instance and consequently, a criminal trial
cannot be conducted before such a court.
(c) Although the courts are slow to interfere in un-terminated criminal proceedings, the High Court’s
inherent or common law powers to restrain illegalities in High courts could be exercised in
exceptional cases.
(d) Courts are not allowed to impose any prescribed minimum sentence on an offender of 16 or 17
years of age.
(3) Statements (a) and (b) are correct.
(4) Only statement (d) is wrong.
Question 9
Question 10
(a) The prosecutor should avoid any reference to evidence which may not be admissible, or to any
contentious matter which may prejudice the case of the accused when they arise during the course
of the trial.
(b) Section 213 provides that a written statement made by an accused will, in certain circumstances,
be admissible as evidence to the same extent as oral evidence given by the accused.
(c) The prosecutor is not obliged to deliver an opening address in every case on trial.
(d) The general rule is that the prosecutor may interview all state witnesses at any given time.
2009 October / November Examination
Question 1
(a) In the High Court where no preparatory examination has been held, the indictment must be
accompanied by a summary of the salient facts of the case but the State is not bound by the
summary and cannot be precluded from leading evidence which contradicts it. p181(187) 1.2
(b) An accused can now be found guilty even though the indictment does not disclose an offence as
long as the evidence proves the offence. p186(192) 3
(c) Section 86 of the Criminal Procedure Act makes provision for amendment of the charge – not for
replacement thereof by an altogether new charge. p188(193) 4
(d) The rule against the splitting of charges was in fact always directed at the duplication of
convictions
and designed to apply in the field of punishment. p189 (195) 5 GROBLER!
Question 2
(a) Where the accused was charged with both rape and incest, arising from the same act of
intercourse, he can be convicted of both. p190(196) 5.2
(b) If an assault is committed pursuant to, and in the course of, an attempt to escape, the accused
should be convicted of one of these offences only. p191(197) 5.3
(c) Where an accused is caught selling dagga, he may be convicted only of selling and not also of
possession of the rest of the (unsold) dagga. p192(197) 5.3
(d) The prosecution or the accused may apply for the recusal of the assessor. p198(204) 2.1
(5) Only statements (a), (c) and (d) are incorrect.
Question 3
(a) Threatening a judicial officer will materially affect his impartiality, and his refusal to recuse himself
is irregular. p208(214) 3.3.2
(b) An accused may plead truth and public benefit where the charge is one of criminal defamation.
p218(224) 4.1
the
commencement of the trial and not when an accused changes his plea to one of guilty during the
course of the trial. p220(226) 4.2.1.1
(d) It is regular for a court to put questions directly to an accused that is represented. p228 (234) 4.3.3
(3) Only statements (a), (c) and (d) are incorrect.
Question 4
(a) The plea of autrefois acquit can be sustained even where it is based on the judgment of a foreign
court. p234(241) 4.4.3
(b) It is accepted practice that the prosecution at a high court trial is obliged to call all the witnesses
who made depositions at the preparatory examination. p254(261) 2.2
(c) It is necessary that a competent verdict should formally be mentioned in the indictment. p269(277)
2.2
(d) The prescribed minimum sentences are not applicable to an offender of under the age of 16 years
when the offence is committed. p281(290) 5.3
Question 5 2010 2nd - A2 q7; 2009 2nd – A1 q2
homicide.
(c) An acquittal will always be “on the merits” even though the state has led no evidence at all.
him.
Question 6
(a) No right, whether entrenched or not, is absolute. p318(331) 1.2.2
(b) Should a party feel aggrieved about an irregularity involved in arriving at the conviction, the best
procedure is to seek redress by way of appeal. p315(327) 1.1.2
(c) Although automatic review procedure is termed “review”, the reviewing judge is not limited to the
investigation of the irregularities, but may pay attention to all aspects that are subject to appeal.
(d) The high court with jurisdiction may review and alleged procedural irregularity at the instance of
the
prosecution. p333(344) 4.2
(4) Only statements (c) and (c) are correct.
p324(327) 3.1.1.
Question 7
(a) Direct access to the Constitutional Court by a member of the public, shall be allowed in
exceptional
circumstances only and is not an appeal. p350(362) 1.2.5.2
(b) A court of appeal cannot interfere with a sentence unless the trial court has not exercised its
discretion judicially. p354(365) 1.4
(c) A court of appeal may not hold an inspection in loco. p359(370) 1.10
(d) Sentences may be increased on appeal. p373(385) 2.10
Question 8
(a) If, when the accused is called upon to plead to charge, it appears to be uncertain for any reason
whether he is capable of understanding the proceedings at the trial, so as to be able to make a
proper defence, the court must find that the accused is mentally ill or mentally defect and direct that
he be detained pending the signification of the decision of a judge in chambers. p212(219) 2.4
(b) The acceptance by the prosecutor of a plea of not guilty to a serious charge of murder and the
acceptance of a plea of guilty to a less serious charge of assault should be seen as a withdrawal of
the main charge in terms of s 6(a) or a stopping of the prosecution in terms of s 6(b). p221(227) 2.4.1.3
(c) If a magistrate’s (district) court, after conviction following on a plea of guilty but before sentence, is
of the opinion that the accused is a dangerous criminal as referred to in s 286A(1), the court shall
stop the proceedings and commit the accused for sentence by a high court having jurisdiction.
(d) Where an accused at a summary trial pleads not guilty, the presiding official may inform the
accused that he is not obliged to answer any questions. p225(232) 4.3.1
Question 1
(a) The concept of ‘justice' in its procedural sense is closely related to the idea of legality that refers to
the quality of the proceedings. Therefore the accused may not be asked whether why he had been
in prison before.
(b) Before any evidence is led the prosecutor is entitled to address the court for the purpose of
explaining the charge and commenting on the strength of the state’s evidence.
(c) The interpreter must be sworn in, either upon taking office or at the commencement of the case in
which he acts as interpreter. If he is not sworn in, it amounts to an irregularity which may render the
trial abortive.
(d) The prosecutor is an officer of the court charged with the serious duty of assisting the court in
arriving at the truth.
Question 2
(a) It is accepted practice that co-accused persons exercise their right to cross-examine before their
co-accused or his witness in numerical order before the State is given the opportunity to
crossexamine.
(b) The fact that the accused's rights have been explained should be properly recorded.
p224(230) 4.2.5
(c) It is desirable that a witness be present in court before he gives evidence in order to know where
he can amplify the evidence presented thus far.
(d) A court should refuse an undefended accused's request to call witnesses if the court believes the
accused is adopting delaying tactics or if there is uncertainty about the whereabouts of the
witnesses.
Question 3
(a) Where there is direct prima facie evidence implicating the accused in the commission of the
offence, his failure to give evidence, whatever his reason may be for such failure, in general ipso
facto tends to strengthen the State case, because there is nothing to gainsay it,
(b) The right to silence has been greatly and negatively affected by the introduction in 1977 of the
‘plea-explanation' procedure at arraignment, in terms of s 115.
(c) An accused or his counsel may admit any fact placed in issue.
(d) The State is entitled to introduce still further fresh evidence in the course of its rebuttal.
Question 4
(a) The Constitutional Court has the power to exclude from the record unconstitutionally obtained
evidence.
(b) A sentence of a fine that exceeds the amount of R2000 is subject to automatic review procedure if
imposed by a judicial officer who has not held the substantive rank of magistrate or higher for
seven years.
(c) A sentence of 3 months imprisonment plus a further 2 months imprisonment suspended for 3
years
is automatically reviewable if imposed by a magistrate who has held the substantive rank of
magistrate or higher for seven years or longer.
(d) No right whether entrenched or not, is absolute and unqualified.
Question 5
(a) Where an accused is undefended his rights have to be explained to him by the presiding judicial
official and the interpreter.
(b) The fact that a judge has knowledge of facts obtained in civil proceedings in which the accused
was concerned, disqualify him from presiding at the subsequent criminal trial.
(c) Section 271A provides that certain previous convictions `fall away' after a period of 20 years if the
offender has not committed a fairly serious crime within that period.
(d) The failure of a court to afford an accused an opportunity to address the court after all the
evidence
has been adduced is a gross and fatal irregularity.
Question 1
to do so.
(c) No rule of practice, such that an accused must be discharged mero motu when the State has
closed its case, has been developed by the Supreme Court of Appeal.
(d) The court must inform the accused that he need not necessarily give his evidence under oath or
affirmation.
(3) Only statement (a) is false and statements (b), (c) and (d) are correct.
(4) Statements (a) and (c) are false and statements (b) and (d) are true.
(5) Only statement (b) is correct and statements (a), (c) and (d) are false.
Question 2
homicide.
(b) Where the accused has previously been convicted of robbery, he may be prosecuted again of
(c) An acquittal is on the merits even though the state has led no evidence at all.
him.
(2) Only statements (a) and (b) is correct.
(3) Only statements (b), (c) and (d) are incorrect.
(4) All the statements are true
(5) All the statements are false
Question 3
(a) In terms of section 167 of the Criminal Procedure Act, a duty is cast on the court to subpoena and
examine or recall and re-examine any person if his evidence appears to the court to be necessary
for the disposal of the case.
(b) In terms of the section 296 of the Criminal Procedure Act an offender may be committed to a
treatment centre in addition to any other sentence for such an offence.
(c) A court of appeal cannot interfere with a sentence unless the trial court has not exercised its
discretion judicially, that is, in a proper and reasonable manner.
(d) If the accused's refusal to plead is accompanied by such improper behaviour that it obstructs the
conduct of the proceedings of the court, the court must order his removal and direct the trial to
proceed in his absence.
Question 4
hospital.
to be imposed.
the
charge the accused again on the serious charge (robbery).
Question 5
to
have been averred.
charge.
2009 May / June Examination
Question 1
(a) During review proceedings, parties are confined to the alleged grounds for review that appear on
the record. p322(332) 2
(b) The confirmation of proceedings on review required a finding only that the proceedings were in
accordance with justice although not necessarily in accordance with the law.
(c) Where an appeal or review does not cover the rights or obligation in question on which clarity is
required, a declaratory order is required. p338(349) 8
(d) In matters heard before a High Court, an appeal based on a question of law reserved cannot take
place unless the trial has been concluded. However, this rule does not bar the prosecution to
appeal a ruling by a court to quash the indictment. p369(381) 2.9.2
Question 2
(a) In an appeal on a question of law the question is whether the court of appeal would have made the
same finding. p357(369) 1.6
(b) The prosecution may not appeal in order to obtain a decision on a purely academic question which
would not affect the outcome of the case. p370(381) 2.9.2
(c) The power of the court of appeal to increase the sentence may not be exercised where the appeal
is directed against the conviction only. p373(385) 2.10
(d) Where an application for appeal on grounds of a special entry is granted by the trial court based
on
an alleged irregularity or illegality, the matter may be taken on appeal to the Supreme Court of
Appeal. p387(399) 3.5
Question 3
(a) A material defect to the indictment or charge sheet is fatal to the proceedings, and may not be
cured in any manner other than the acquittal of the accused. p186(191) 3
(b) In terms of section 86 of the Criminal Procedure Act, an amendment to the indictment or charge
sheet is allowed, inter alia, where words have been omitted, or unnecessarily inserted, or any other
error is made. p187(193) 4
(c) Joinder of offences may only occur where evidence has already been led in respect of the other
offence(s). p193(200) 6
(d) Assessors may only adjudicate on questions of fact, and never on those of law. p200(206) 2.3
(1) All the above statements are correct.
(2) All the above statements are incorrect.
(4) Only statement (b) and (d) are correct.
Question 4
(a) If a plea bargaining agreement in terms of section 105A of the Criminal Procedure Act is rejected
by the court, the only alternative available to the parties is to abide by the agreement on the merits,
and then allow the court to consider sentence in the normal way. p217(222) 3.2
(b) An application for a change of the plea from ‘guilty’ to ‘not guilty’ may only be brought before
conviction. p224(230) 4.2.6
(c) One of the primary requirements for succeeding with a plea of autrefois acquit is that the accused
must have been acquitted of a similar offence with which he is now being charged. p231(238) 4.4.3
(d) A recalcitrant witness is one who lies under oath. p241(248) 2.2
(a) All sentences should take into account the (so-called) main purposes of punishment, namely
deterrence, prevention and rehabilitation.
(b) Most prisoners are eventually released, but courts are not supposed to take the normal prison
release policy into account when determining an appropriate prison term.
(c) It is the possibility of parole that saves sentences of life imprisonment from being unconstitutional.
(d) No court may impose a sentence of less than ten days’ imprisonment, unless the sentence is that
the offender be detained until the rising of the court.
(4) Statements (a) and (d) are false and statements (b) and (c) are correct.
Question 6 2010 1st – A1 q1
(a) When an accused person challenges the correctness of his/her conviction and/or sentence by a
lower court, the correct procedure to be followed would be by means of the review procedure.
(b) In order to reconstruct a lost record, the recalling of witnesses who gave evidence during the trial
would be irregular.
(c) When a review judge directs a query to the magistrate who presided at the criminal case under
review, the latter may at any time when it suits him and in any manner, respond to such a query.
(d) All courts have the power to exclude improperly obtained evidence as this power does not only fall
exclusively within the jurisdiction of the courts of review and appeal.
Question 7
(a) Where persons are jointly charged, the probability of prejudice is not sufficient to justify an order
for
separation of trial in such a case. p247(254) 2.3
(b) An accused may be joined with any other accused in the same criminal proceedings at any time
(c) Where an accused has pleaded in terms of section 119 of the Criminal Procedure Act, such an
accused is entitled to a verdict of the court. p238(244) 5
(d) A court is obliged to discharge an accomplice from further prosecution where he has answered
frankly and honestly all question put to him as a state witness even though his answers to such
questions may incriminate him.p246(253) 2.2
(4) Only statements (a), (b) and (c) are incorrect.
Question 8 2010 2nd – A1 q2
made under oath.
2009 First semester – Assignment 2
Question 1
(a) Where application to amend a charge is made on appeal, the court need not be satisfied that the
defence of the accused would have remained the same if the charge had originally contained the
necessary particulars. p187(193) 4
(b) If the court has ordered a separation of trial, the accused must first be sentenced, if convicted, and
thereafter he may be called as a witness against the remaining accused. p246(253) 2.2
(c) As soon as an assessor receives information detrimental to the accused which has not been
proved in evidence, he must retire from the case. p201(206) 2.3 Matsego
p249(256) 3
(d) In terms of the Witness Protection Act 112 of 1998, any witness who has reason to believe that his
safety may be threatened by any person or group of persons, may report to the Director of Public
Prosecutions (DPP) to be voluntarily placed in protection, and the DPP cannot refuse such
application. p241(248) 2.1
(3) Only statement (a) is true and statements (b), (c) and (d) are false.
(4) Statements (a) and (b) are false and statements (c) and (d) are true.
(5) Only statement (c) is correct and statements (a), (b) and (d) are false.
Question 2
(a) An accused may now be convicted upon an indictment which does not disclose an offence.
p186(211) 3
(b) The plea of lis pendens is not specifically provided for in the Criminal Procedure Act. p218(224) 4.1
(c) Where the application for amendment of a plea from ‘guilty’ to ‘not guilty’ rests upon two bases
namely coercion on the one hand and actual innocence on the other hand, the merits of the matter
in relation to the guilt or innocence of the accused must also be taken into account. p225(231) 4.2.6
(d) Where two persons are killed in the same road accident, it is proper to convict the accused on two
counts of culpable homicide. p190(196) 5.2
(3) Only statement (a) is true and statements (b), (c) and (d) are false.
(4) Statements (a), (b) and (c) are correct and statement (d) is false.
(5) Only statement (c) is correct and statements (a), (b) and (d) are false.
Question 3
(a) A charge sheet containing the following averments complies with all necessary requirements in
terms of s 84(1) of the Criminal Procedure Act 51 of 1977: “That the accused is guilty of unlawfully
and intentionally shooting Milly Jo, an adult female on the 21st of January 2008 at the Menlyn
shopping centre in the district of Pretoria.” p182(188) 2.2
(b) Where an accused is convicted of both driving under the influence of liquor and reckless driving,
and both counts are based on the same facts, it would not constitute an incorrect duplication of
convictions. p190(196) 5.1
(c) If assessors abscond during the trial without good reason and the magistrate continues with the
trial without them, this amounts to a fatal irregularity which vitiates the proceedings. p198(204) 2.1
(d) At the request of the prosecutor and before any evidence is tendered in a magistrate’s court, an
accused may be committed from that magistrate’s court to a competent regional court. p(230) 4.2.5
Question 4
(a) The plea of autrefois acquit may only be raised before the commencement of the trial. p234(241)
4.4.3
(b) The essentials of the plea of autrefois acquit are limited to the following: that the accused had
previously been acquitted of exactly the same offence with which he is now charged; by a
competent court; upon the merits. p231(238) 4.4.3
(c) An accused has an absolute right at any stage of the proceedings to change his plea of ‘not guilty’
to one of ‘guilty’ to the offence charged. p229(235) 4.3.5
(d) According to the traditional plea bargaining the prosecutor could not bind the court to a specific
sentence. p216(222) 3.1
(1) All the statements are false
(2) All the statements are true
(3) Only statements (a), (b) and (d) are correct
(4) Only statements (b), (c) and (d) are correct
(5) Only statement (d) is correct
(a) Either the prosecutor or the accused may compel the attendance of witnesses by way of a
subpoena.
(b) Whenever the director of public prosecutions thinks that there is any danger that a witness can be
intimidated or threatened he/she can apply for an order for the detention of the witness.
(c) A request for postponement to allow the accused to obtain work to pay for the services of his/her
legal representative will in general be granted by the court.
(d) It is undesirable for separate trials to take place if the only purpose is to call as a witness someone
accused of an offence arising from the same set of facts.
2009 First Semester – Assignment 1
Question 1 2010 2nd – A1 q1; 2010 1st – A1 q9
Question 2 2010 1st – A1 q10
(a) The prosecutor should avoid any reference to evidence which may not be admissible, or to any
contentious matter which may prejudice the case of the accused, even when they arise during the
course of the trial.
(b) Section 213 of the Criminal Procedure Act provides that a written statement made by an accused
will, in certain circumstances, be admissible as evidence to the same extent as oral evidence given
by the accused.
(c) The prosecutor is not obliged to deliver an opening address in every case on trial.
(d) The general rule is that the prosecutor may interview all state witnesses at any given time.
(a) Only the accused person is allowed, in lieu of giving evidence under oath, to make an unsworn
statement from the dock.
(b) Where persons are jointly charged, the probability of prejudice is not sufficient to justify an order
for
separation of trial in such a case.
(c) An accused may be joined with any other accused in the same criminal proceedings at any time
(d) After every witness has been cross examined by the other party, the party who called the witness
may re-examine the witness on any matter concerning the charges.
Question 4 2010 2nd – A1 q4; 2008 2nd A1 q6
evidence.
(c) After the accused has brought such an application a proper refusal to order a separation of trials
will amount to an infringement of an accused’s right to a fair trial.
Question 5 2010 2nd – A1 q5; 2008 2nd – A1 q7
(2) All statements are incorrect.
Question 1
to do so.
(c) No rule of practice, to the effect that an accused must be informed that he/she may apply for
his/her dismissal when the State has closed its case has yet been developed.
(d) The court must inform the accused that he/she does not necessarily have to give evidence from
the
witness-box, but may do so from the dock.
(3) Only statement (a) is false and statements (b), (c) and (d) are correct.
(4) Statements (a) and (c) are false and statements (b) and (d) are true.
(5) Only statement (b) is correct and statements (a), (c) and (d) are false.
Question 2
(a) All sentences should take into account the (so-called) main purposes of punishment, namely
deterrence, prevention and rehabilitation.
(b) Most prisoners are eventually released, but courts are not supposed to take the normal prison
release policy into account when determining an appropriate prison term.
(c) It is the possibility of parole that saves sentences of life imprisonment from being unconstitutional.
(d) No court may impose a sentence of less than ten days’ imprisonment, unless the sentence is that
the offender be detained until the rising of the court.
(4) Statements (a) and (d) are false and statements (b) and (c) are correct.
Question 3
(a) A charge sheet containing the following averments complies with all the necessary requirements in
terms of s 84(1) of the Criminal Procedure Act 51 of 1977: “That the accused is guilty of unlawfully
and intentionally killing Joey Smith, an adult female on the 21st of January 2001 at Groenkloof in
the district of Pretoria.”
(b) Where an accused is convicted of both driving under the influence of liquor and reckless driving,
and both counts are based on the same facts, it would not constitute an incorrect duplication of
convictions.
(c) If assessors abscond during the trial without good reason and the magistrate continues with the
trial without them, this amounts to a fatal irregularity which vitiates or invalidates the proceedings.
(d) An accused will evade a second prosecution by pleading autrefois acquit even though he was
acquitted previously on the same charge.
Question 4
(a) Where an accused is caught selling dagga, he may be convicted only of selling and not also of
possession of the rest of the unsold dagga.
(b) In the case of traditional plea bargaining, the prosecutor and the defence cannot bind the court to
a
sentence. However, the prosecutor may agree to suggest to the court a possible lighter sentence.
(c) If an accused has previously been acquitted on an indictment for murder and is now indicted on
the
same set of facts, and convicted of assault, he may on appeal upset the conviction with a plea of
autrefois acquit.
(d) A co-accused should be questioned separately and the answers to the questions must be fully
recorded.
(3) Only statements (a), b) and (d) are correct.
Question 5
(a) Either the prosecutor or the accused may compel the attendance of witnesses by way of a
subpoena.
(b) Whenever the director of public prosecutions thinks that there is any danger that a witness can be
intimidated or threatened he/she can apply for an order for the detention of the witness.
(c) A request for postponement to allow the accused to obtain work to pay for the services of his/her
legal representative will in general be granted by the court.
(d) It is undesirable for separate trials to take place if the only purpose is to call as a witness,
someone
accused of an offence arising from the same set of facts.
(5) Only statements (b) and (c) are incorrect.
Question 6
evidence.
the same time and place, or at the same place and about the same time, may be charged jointly in
(c) After the accused has brought such an application a proper refusal to order a separation of trials
will amount to an infringement of an accused’s right to a fair trial.
(3) Only statements (b) and (c) are incorrect.
Question 7
(a) With regard to the general appeal procedure, the law allows in all instances an absolute right of
appeal against a decision or order of a provincial or local division of a High Court as a court of first
instance.
(c) When an accused has exhausted all recognised remedies of appeal or review, or if they are no
longer available to him, there is no further remedy or legal procedure available that would assist
him/her when new evidence becomes available which materially affects his/her conviction.
(2) All statements are incorrect.
Question 8
(a) A constitutional matter includes any issue involving the interpretation, protection or enforcement of
the Constitution. Therefore, a court does not have discretion to refuse to entertain a constitutional
challenge before the accused pleads and the court has to decide the constitutional issue then.
(b) The Supreme Court of Appeal must confirm an order of constitutional invalidity relating to an Act of
Parliament before it becomes enforceable.
(c) The only difference between an appeal and a review is that an appeal must be brought within a
certain time limit whereas it is not relevant in respect of reviews.
(d) A court of review has the power to increase a sentence per se.
Question 9
(a) When an accused is disruptive and improper in his behaviour which obstructs the conduct of the
proceedings, the court has to order his removal and will direct that the trial proceed in the absence
of the accused.
(b) In order to find the presence of judicial bias, it has to be clear that there is a suspicion that the
judicial officer would be biased.
(c) An application for the accused’s discharge in terms of section 174 at the close of the state’s case
will be decided by the judicial officer together with the assessors as members of that court.
(d) A convicted person who was at the time of the commission of the offence 19 years of age and not
assisted by a legal representative at the time of conviction in a regional court where he was
sentenced to 9 years imprisonment partly suspended, will be allowed an unlimited right to appeal
his conviction and sentence without requesting leave to appeal.
Question 10
(a) The state is not obliged to the summary of substantial facts accompanying the indictment and
cannot be precluded from leading evidence which contradicts it.
(b) An assessor is a person who, in the opinion of the presiding judge, has experience in the
administration of justice or skill in any matter which may be considered at the trial.
(c) When a magistrate recuses himself from presiding at the trial, the accused is not entitled to a
verdict after he has pleaded.
(d) The Supreme Court of Appeal may pardon a convicted person.

CPR3701 MCQ 46664

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CPR3701

13. Some sentences do not constitute punishments.

1. The court is not entitled to postpone a case to consider the verdict.

3. A criminal trial can be broadly described as a state-sponsored, public, judicial and

19. No right, whether entrenched or not, is absolute.

20. Constitutional matters include issues of interpretation, protection or enforcement of

25. It is a general rule that there is no appeal before conviction.

(1) All of the statements are incorrect.

(1) All of the statements are incorrect.

10. Cross-examination of a witness by the court is permissible within the bounds of

1. Escaping from unlawful custody constitutes a serious offence.

[1] All of the statements are incorrect.

[1] All of the statements are incorrect.

2010 Second Semester – Assignment 1

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