CPR 3701 JUNE 2020 EXAM WITH Answers PDF

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CONFIDENTIALThis paper consists of 12 pages.INSTRUCTIONS FOR A FULL MCQ EXAM WITH ASSESSMENT INFO TOOL ONMYUNISA The examination is consists of Multiple-Choice Question types only. The examination question paper counts 80 marks and consists of 40 Multiple-Choice Questions each worth 2 marks. Answer ...

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CONFIDENTIAL

This paper consists of 12 pages. INSTRUCTIONS FOR A FULL MCQ EXAM WITH ASSESSMENT INFO TOOL ON MYUNISA 1.

The examination is consists of Multiple-Choice Question types only.

2.

The examination question paper counts 80 marks and consists of 40 Multiple-Choice Questions each worth 2 marks. Answer all of the questions.

3.

The duration of the examination is 2 hours. You will be allowed a further thirty (30) minutes after the conclusion of the official examination period to upload your examination responses (answers) onto the myUnisa platform for further processing.

4.

This is a closed-book examination. While the examination is in progress, you are not allowed to consult another person or any source in order to assist you to answer any of the questions contained in this question paper. You may also not assist another student in answering any of the questions contained in this question paper.

5.

The answers to this MCQ examination may only be submitted online on myUnisa. The Unisa MCQ App cannot be used for examination submissions.

5.1

Access myUnisa at https://my.unisa.ac.za/portal and login using your student number and myUnisa password.

5.2

Click on the “myAdmin” tab in the top navigation

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In the “Assessments ” submenu, click on the “Assessment Info” tool in the drop -down list • A list of all available assessments will display • Find the corresponding examination assessment number for your module • Click on the Submit link in the Action column and follow the steps described below. Step 1: Enter the total number of questions required for the assessment. • Enter the total number of questions for your assessment in the Number of Questions field • Click on the Continue button. Step 2: Fill out multiple-choice question answers The number of questions requested in the previous step will now be displayed with five answer options next to each one. Please note that each row represents a question in your assignment. • Click on the radio button [the small circle] that corresponds to your answer for that question. • Click on the Continue button to move to step 3. • If you want to restart the assignment, click on Clear Form to removeall your selections and start from new. Step 3: Verify the answers to your multiple-choice assignment This screen presents a summary of all your answers. Use it as a final check. • Click on the Continue button to submit your assignment. If you do not click Continue, no submission action will take place. • If you want to redo the answers to the assignment, click Back to go back to the previous step. Step 4: Assessment submission report This is your proof that your examination answers were successfully submitted. If you do not see this screen, Unisa has not received your submission. It is advisable to print this page or make a screen capture for record purposes. A copy of this page will also be emailed to your myLife email account.

PLEASE NOTE: If you experience technical problems, of any kind, on the day of the examination and your examination answers are not submitted by the cut-off time, you will be marked as absent and automatically deferred to the October/November 2020 examination. No other type of submission of your examination answers will be accepted.

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Question 1 In general. (a)

a trial may take place in the absence of the accused where he/she waives his/her right to attend.

(b)

the verdict and sentence must, notwithstanding (a) above, be handed down in the presence of the accused or his/her duly authorised representative.

[1] [2] [3] [4]

Both statements are incorrect. Only statement (b) is incorrect. Only statement (a) is incorrect.

Question 2 The exceptions to the general rule that a trial must take place in the presence of the accused may include: (a)

exclusion of the accused due to the misbehaviour of the accused person’s witnesses

(b)

the situation where a co-accused applies to court to exclude an accused

[1] [2] [3] [4]

Both statements are correct. Only statement (a) is incorrect. Only statement (b) is incorrect.

Question 3 (a)

The charges against an accused are formulated before the completion of the investigation.

(b)

An accused is required to plead to the charges and undergo a preparatory examination before he/she is arraigned for trial.

[1] [2] [3] [4]

Both statements are incorrect. Both statements are correct. Only statement (b) is incorrect.

Question 4 (a)

A plea of autrefois acquit cannot be sustained in terms of section 122A of the CPA.

(b)

A plea of autrefois convict cannot be sustained in terms of section 122A of the CPA.

[1] [2] [3] [4]

Both statements are incorrect. Only statement (a) is incorrect. Only statement (b) is incorrect. [Turn over]

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Question 5 (a)

Section 205 is specially designed to compel a potential witness to reveal his knowledge of an alleged crime, which he or she refuses to disclose to the police.

(b)

In certain circumstances, searches may be conducted without a warrant.

[1] [2] [3] [4]

All of the statements are incorrect. Only statement (a) is incorrect. Only statement (b) is incorrect.

Question 6 (a)

Bail is a form of monetary release from custody.

(b)

Bail is inherently penal in nature.

[1] [2] [3] [4]

Both statements are incorrect. Both statements are correct. Only statement (a) is incorrect.

Question 7 (a)

During a bail application, the court may consider, as a factor, the prevalence of the type of crime with which the accused has been charged.

(b)

The accused person’s previous convictions or pending charges are irrelevant for purposes of bail.

[1] [2] [3] [4]

Both statements are incorrect. Both statements are correct. Only statement (a) is incorrect.

Question 8 (a)

The strict rules of evidence are relaxed during bail applications.

(b)

Hearsay is admissible during a bail application.

[1] [2] [3] [4]

Both statements are incorrect. . Only statement (a) is incorrect. Only statement (b) is incorrect.

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Question 9 (a)

A charge sheet (or indictment) does not necessarily have to disclose an offence in order to be valid.

(b)

An indictment must be served on the accused at most 14 days before the trial.

[1] [2] [3] [4]

Both statements are incorrect. Both statements are correct. Only statement (a) is incorrect.

Question 10 (a)

In principle, an accused is entitled to access exculpatory documents in the docket.

(b)

Where an accused is charged with a common law offence, the only requirement is that the offence should be named in order for the charge sheet to be valid.

[1] [2] [3] [4]

Both statements are incorrect. Only statement (a) is incorrect. Only statement (b) is incorrect.

Question 11 (a)

Where a charge is defective because of the lack of an express 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.

[1] [2] [3] [4]

Both statements are incorrect. Both the statements are correct. Only statement (a) is incorrect. .

Question 12 (a)

The court must enter a plea of not guilty if the accused refuses to plead or answer directly to the charge.

(b)

If the totality of the accused’s criminal conduct can be accommodated in one single charge, the accused may not be convicted on multiple charges.

[1] [2] [3] [4]

Both statements are incorrect. Only statement (a) is incorrect. Only statement (b) is incorrect. [Turn over]

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Question 13 (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 offences.

[1] [2] [3] [4]

Both statements are incorrect. Both statements are correct. Only statement (a) is incorrect.

Question 14 (a)

Threatening a judicial officer materially affects 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.

[1] [2] [3] [4]

Both statements are incorrect. Both statements are correct. Only statement (b) is incorrect.

Question 15 (a)

In terms of section 84(1) of the CPA, any prosecutor who realizes that he has incorrectly charged the accused person, may correct the defect by way of evidence.

(b)

The Court in Barkett’s Transport (Edms) Bpk 1988 (1) SA 157 (A) held that Section 86 makes provision for the amendment of the charge and not for the replacement thereof by an altogether new charge.

[1] (2] [3] [4]

Both statements are incorrect. Both statements are correct. Only statement (b) is incorrect.

Question 16 (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.

[1] [2] [3] [4]

Both statements are incorrect. Both statements are correct. Only statement (a) is incorrect. [Turn over]

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Question 17 (a)

The Constitution entrenches the right to a public trial.

(b)

The right to a public trial can be validly limited where necessary.

[1] [2] [3] [4]

Both statements are incorrect. Only statement (a) is incorrect. Only statement (b) is incorrect.

Question 18 (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.

[1] [2] [3] [4]

Both statements are incorrect. Only statement (a) is incorrect. Only statement (b) is incorrect.

Question 19 (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)

A court can order the removal of a trial from one venue to another venue if the court deems it necessary or expedient.

[1] [2] [3] [4]

Both statements are incorrect. Only statement (a) is incorrect. Only statement (b) is incorrect.

Question 20 (a)

It is not necessary for the court to question an accused who has pleaded guilty in terms of section 112 of the CPA.

(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.

[1] [2] [3] [4]

Both statements are correct. Only statement (a) is incorrect. Only statement (b) is incorrect.

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Question 21 (a)

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.

(b)

In terms of section 63(4) of the Child Justice Act, the court may not interfere in the crossexamination of a child.

[1] [2] [3] [4]

Both statements are incorrect. Both statements are correct. Only statement (a) is incorrect.

Question 22 (a)

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.

(b)

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.

[1] [2] [3] [4]

Both statements are incorrect. Both statements are correct. Only statement (b) is incorrect.

Question 23 (a)

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.

(b)

The court becomes functus officio after delivery of the judgment.

[1] [2] [3] [4]

Both statements are incorrect. Only statement (a) is incorrect. Only statement (b) is incorrect.

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Question 24 (a)

If a court is satisfied that substantial and compelling circumstances exist which justify a lesser sentence, it must deviate from the sentence prescribed.

(b)

After previous convictions have been proven, the accused is entitled to lead evidence in aggravation of sentence.

[1] [2] [3] [4]

Both statements are incorrect. Only statement (a) is incorrect. Only statement (b) is incorrect.

Question 25 (a)

There are limitations to the length of time for which a child justice proceeding can be postponed.

(b)

A fair trial includes the right to a speedy trial.

[1] [2] [3] [4]

Both statements are incorrect. Only statements (a) is incorrect. Only statement (b) is incorrect.

Question 26 (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.

[1] [2] [3] [4]

Both statements are incorrect. Only statement (a) is incorrect. Only statement (b) is incorrect.

Question 27 (a)

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.

(b)

An extempore judgment is one in which the court postpones its judgment owing to the complexity of the merits.

[1] [2] [3] [4]

Both statements are correct. Only statement (a) is incorrect. Only statement (b) is incorrect.

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Question 28 (a)

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.

(b)

In practice, after conviction, the accused indicates his or her previous convictions.

[1] [2] [3] [4]

Both statements are incorrect. Both statements are correct. Only statement (a) is incorrect. .

Question 29 (a)

Declaration as a dangerous criminal is a sui generis sentence which negates the traditional jurisdiction of the district court.

(b)

A habitual criminal is one considered by society to be potentially harmful.

[1] [2] [3] [4]

. Both statements are correct. Only statement (a) is incorrect. Only statement (b) is incorrect.

Question 30 (a)

If an adult accused wishes to appeal the decision of a lower court, no leave to appeal is required.

(b)

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.

[1] [2] [3] [4]

Both statements are incorrect. Both statements are correct. Only statement (b) is incorrect.

Question 31 (a)

If an appellant who has noted and prosecuted his or her appeal fails to appear, the court may summarily dismiss the appeal because of his or her non-appearance.

(b)

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

[1] [2] [3] [4]

Both statements are incorrect. . Only statement (a) is incorrect. Only statement (b) is incorrect.

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Question 32 (a)

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.

(b)

In the case of a child offender, his or her record is expunged automatically at the age of 18.

[1] [2] [3] [4]

Both statements are incorrect. Both statements are correct. Only statement (a) is incorrect.

Question 33 (a)

As soon as an assessor receives information detrimental to the accused which has not been proved in evidence, he/she must recuse himself/herself from the case.

(b)

An assessor must show absolute partiality at all times:

[1] [2] [3] [4]

Both statements are incorrect. Both statements are correct. Only statement (a) is incorrect. incorrect.

Question 34 Some of the requirements of the test for the presence of judicial bias entail that: (a)

There must be a suspicion that the judicial officer might be, not would be, biased.

(b)

The suspicion must be that of a reasonable person in the position of the accused.

[1] [2] [3] [4]

Both statements are incorrect. . Only statement (a) is incorrect. Only statement (b) is incorrect.

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Question 35 The standards which must be maintained by the judicial officer in the questioning of witnesses as set out in Mabuza 1991 (1) SACR 636 (O) are, amongst others that: (a)

The court should not conduct its questioning in such a manner that its impartiality can be questioned or doubted.

(b)

The court should not intimidate or upset a witness or the accused so that his answers are weakened, or his credibility shaken.

[1] [2] [3] [4]

Both statements are incorrect. . Only statement (a) is incorrect. Only s...