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CPR Assignment 01student NR

The document outlines a scenario involving an armed robbery at a jewelry store, detailing the arrests of suspects A, B, C, and D. It poses legal questions regarding jurisdiction, the legality of detention, case scheduling, and the possibility of joining a newly arrested suspect to ongoing proceedings. The document serves as an assignment for a student to critically evaluate these legal issues based on South African law.

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37 views2 pages

CPR Assignment 01student NR

The document outlines a scenario involving an armed robbery at a jewelry store, detailing the arrests of suspects A, B, C, and D. It poses legal questions regarding jurisdiction, the legality of detention, case scheduling, and the possibility of joining a newly arrested suspect to ongoing proceedings. The document serves as an assignment for a student to critically evaluate these legal issues based on South African law.

Uploaded by

thashnisingh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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CPR ASSIGNMENT 01 STUDENT NR:33475237

our assailants, A, B, C and D are engaged in an armed robbery


at Shiny Thingz, a jewellery store located inside the Mall For
All shopping centre in Kimberley, Northern Cape. During the
ensuing fracas, a firefight ensues, as the security guards employed
by the shopping centre attempt to foil the robbery. A is arrested
inside the jewellery store by F, one of the security guards. However,
B, C and D manage to escape with an undisclosed amount in fine
jewellery and cash.

Question 1

a) The courts that enjoy jurisdiction will be the lowers courts such as the
Magistrates courts based on the type of crime. The punishment should fit
the criminal and the crime, be fair to society and be blended with a measure
of mercy, depending on the circumstances.

a)
1. B and C are subsequently arrested two weeks later in Cape Town, Western
Cape, in the process of committing another robbery.

(a) Briefly state the court(s) (according to the hierarchy of courts, not the
location) which should enjoy trial jurisdiction in respect of the charges set out
above, and the reason why the case may be heard in the jurisdiction(s)
concerned;

(3)

(b) Critically evaluate which court should enjoy jurisdiction over A, B and C, in
light of the facts set out above. (4)

2. In terms of section 35(3)(d) of the Constitution, and section 50 of the


Criminal Procedure Act, an arrestee must be brought before court as soon as
reasonably possible. B and C (the accused) were arrested on Tuesday at
10h00, and detained at the Cape Town police station, whilst awaiting to be
transferred to Kimberley, to be joined with A in respect of the robbery
committed in Kimberley. Inspector Nosey Kekana only brings the accused
before court on Friday (of the same week), at 15h00. The accused
subsequently challenge their detention as unlawful and “falling foul of
legislative and Constitutional imperative”.

Critically evaluate the accused’s argument, in light of the facts set out
above. (7)
3. After pleading ‘not guilty’ to the charges. Two state witnesses are led in
evidence. The court sets down the case to a different date for further hearing.
Briefly explain whether the ‘setting down’ of the case to a different date as
explained above constitutes a postponement or an adjournment (and why
you say so).
(3)

(NB: the question does not require you to provide a comparison


between adjournments and postponements, but to give a straight
answer. Please note that you will not be awarded any marks for
merely expressing the difference between adjournments and
postponements)

4. D is subsequently arrested after the plea (‘not guilty’) of A, B and C as set


out in (3), above. Briefly evaluate whether the joinder of D is still possible,
under these circumstances.
(5)

Bibliography
1. Unisa, Study Guide The Criminal Procedure
2. Joubert JJ, Criminal Procedure Handbook 13the ed Juta 2020

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