CPR3701
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Criminal pro.
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, 1
Criminal Procedure
CRIMINAL PROCEDURE 1
Questions and Answers
QUESTIONS AND ANSWERS:
JURISDICTION
Courts have the authority to hear trials of people who commit
offences in the courts jurisdiction BUT there are certain
instances which deal with extra territorial jurisdiction allowing a
SA court to exercise jurisdiction over an offence, which was
committed beyond the borders of the state (i.e. outside SA
territory, name and discuss these instances
General rule: courts will only exercise jurisdiction with respect to
offences committed in SA.
Exceptions:
a) High treason: SA citizen who is resident in a foreign country and
joins the enemy army in wartime
b) Theft committed in a foreign country but the A has the stolen
property in SA – theft is a continuing crime
c) Offences on ships: territorial waters are part of the state
d) Offences outside SA on a non-SA plane – plane lands in SA with
the offender of board/ the principal place of business or
permanent residence of the lessee of the plane is in SA/ offender
is present in SA.
e) Offences committed on territory subsequently annexed by SA
f) Offences committed on an SA plane wherever it is (Civil Aviation
Act)
g) Offences committed by a SA citizen in Antarctica – jurisdiction of
the Pretoria Magisterial District
h) Offences deemed to be committed where A happens to be
i) Embassies: diplomats remain subject to the jurisdiction of their
home states.
What type of sentences can a lower court impose once an accused
has been found guilty?
Regional Courts:
• Imprisonment not exceeding 15 years
• Fine not exceeding R600 000
• Periodical imprisonment
• Declaration as an habitual criminal
• Committal to a treatment center
• Correctional supervision
• Imprisonment from which the A is place under correctional
supervision.
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District courts:
• Imprisonment not exceeding 3 years
• Fine not exceeding R120 000
• Imprisonment from which the A is place under correctional
supervision
• Committal to a treatment center
• Periodical imprisonment
In magistrate courts in SA, they have general jurisdiction to hear
trials of offences committed within their area of jurisdiction, this
area has been extended in terms of S90 of the CPA, discuss this
section regarding the extension.
Regional and district courts (Magistrate courts):
General rule: S90 of the Magistrates Court Act: district or regional
courts have jurisdiction to hear trials in respect of offences committed in
that district or regional division.
Extension to the general rule in terms of S90:
4km rule: when a person is charged with any offence:
1) Committed within a distance of 4km beyond the boundary of the
district or regional division.
2) Committed on a vessel or in a vehicle on a journey on a river in SA
and such journey or part of it was performed in the
district/regional division or within 4km thereof or
3) Committed on board a vessel on a voyage within the territorial
waters of SA and these waters adjoin the district/regional
division, or
4) Begun or completed in the district or regional division.
Such person may be tried within the district or regional division, as if he
were charged with an offence committed within that district/regional
division.
The 4km rule applies only in SA and not to crimes committed beyond our
borders.
Also in terms of S90: where it’s uncertain in which of several
jurisdictions an offence was committed, it may be tried in any such
jurisdiction.
A district or regional court may try an offence of the act or omission or
even an element of the offence was committed within that division.
Any person charged with theft or receiving stolen property knowing it to
be stolen, may be tried in any division where he had such property in
his possession.
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Person charged with kidnapping or abduction may be tried in any
division through or in which he conveyed, concealed or detained the
victim.
Where the A committed several offences in different districts falling
within the DPP’s area, he can order in writing that the matters all be
heard in one Magistrate Court in his area.
In terms of S110 of the CPA: if a person is wrongly charged before a
particular court and fails to object timorously, such court will acquire
jurisdiction.
S111: the NDPP has the power to move a trial from one DPP’s area to
another.
Give the exceptions to the general rule that SA courts will only
have jurisdiction over offences committed in SA.
General rule: courts will only exercise jurisdiction with respect to
offences committed in SA.
Exceptions:
a) High treason: SA citizen who is resident in a foreign country and
joins the enemy army in wartime
b) Theft committed in a foreign country but the A has the stolen
property in SA – theft is a continuing crime
c) Offences on ships: territorial waters are part of the state
d) Offences outside SA on a non-SA plane – plane lands in SA with
the offender of board/ the principal place of business or
permanent residence of the lessee of the plane is in SA/ offender
is present in SA.
e) Offences committed on territory subsequently annexed by SA
f) Offences committed on an SA plane wherever it is (Civil Aviation
Act)
g) Offences committed by a SA citizen in Antarctica – jurisdiction of
the Pretoria Magisterial District
h) Offences deemed to be committed where A happens to be
i) Embassies: diplomats remain subject to the jurisdiction of their
home states.
Anne is kidnapped from her home in Tweefontein, on route to his
hide out, he assaults a police officer who shows suspicion
regarding the girl in Driefontein, he steals the police car in an
attempt to escape custody, and in apprehended in Eenfontein.
Discuss which of these magistrate courts will have jurisdiction to
hear the assault, kidnapping and theft?
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exam pack
Questions +
Answers
Criminal pro.
Revision PACK
, 1
Criminal Procedure
CRIMINAL PROCEDURE 1
Questions and Answers
QUESTIONS AND ANSWERS:
JURISDICTION
Courts have the authority to hear trials of people who commit
offences in the courts jurisdiction BUT there are certain
instances which deal with extra territorial jurisdiction allowing a
SA court to exercise jurisdiction over an offence, which was
committed beyond the borders of the state (i.e. outside SA
territory, name and discuss these instances
General rule: courts will only exercise jurisdiction with respect to
offences committed in SA.
Exceptions:
a) High treason: SA citizen who is resident in a foreign country and
joins the enemy army in wartime
b) Theft committed in a foreign country but the A has the stolen
property in SA – theft is a continuing crime
c) Offences on ships: territorial waters are part of the state
d) Offences outside SA on a non-SA plane – plane lands in SA with
the offender of board/ the principal place of business or
permanent residence of the lessee of the plane is in SA/ offender
is present in SA.
e) Offences committed on territory subsequently annexed by SA
f) Offences committed on an SA plane wherever it is (Civil Aviation
Act)
g) Offences committed by a SA citizen in Antarctica – jurisdiction of
the Pretoria Magisterial District
h) Offences deemed to be committed where A happens to be
i) Embassies: diplomats remain subject to the jurisdiction of their
home states.
What type of sentences can a lower court impose once an accused
has been found guilty?
Regional Courts:
• Imprisonment not exceeding 15 years
• Fine not exceeding R600 000
• Periodical imprisonment
• Declaration as an habitual criminal
• Committal to a treatment center
• Correctional supervision
• Imprisonment from which the A is place under correctional
supervision.
Downloaded by: AnswersAcademy |
, 2
District courts:
• Imprisonment not exceeding 3 years
• Fine not exceeding R120 000
• Imprisonment from which the A is place under correctional
supervision
• Committal to a treatment center
• Periodical imprisonment
In magistrate courts in SA, they have general jurisdiction to hear
trials of offences committed within their area of jurisdiction, this
area has been extended in terms of S90 of the CPA, discuss this
section regarding the extension.
Regional and district courts (Magistrate courts):
General rule: S90 of the Magistrates Court Act: district or regional
courts have jurisdiction to hear trials in respect of offences committed in
that district or regional division.
Extension to the general rule in terms of S90:
4km rule: when a person is charged with any offence:
1) Committed within a distance of 4km beyond the boundary of the
district or regional division.
2) Committed on a vessel or in a vehicle on a journey on a river in SA
and such journey or part of it was performed in the
district/regional division or within 4km thereof or
3) Committed on board a vessel on a voyage within the territorial
waters of SA and these waters adjoin the district/regional
division, or
4) Begun or completed in the district or regional division.
Such person may be tried within the district or regional division, as if he
were charged with an offence committed within that district/regional
division.
The 4km rule applies only in SA and not to crimes committed beyond our
borders.
Also in terms of S90: where it’s uncertain in which of several
jurisdictions an offence was committed, it may be tried in any such
jurisdiction.
A district or regional court may try an offence of the act or omission or
even an element of the offence was committed within that division.
Any person charged with theft or receiving stolen property knowing it to
be stolen, may be tried in any division where he had such property in
his possession.
Downloaded by: AnswersAcademy |
, 3
Person charged with kidnapping or abduction may be tried in any
division through or in which he conveyed, concealed or detained the
victim.
Where the A committed several offences in different districts falling
within the DPP’s area, he can order in writing that the matters all be
heard in one Magistrate Court in his area.
In terms of S110 of the CPA: if a person is wrongly charged before a
particular court and fails to object timorously, such court will acquire
jurisdiction.
S111: the NDPP has the power to move a trial from one DPP’s area to
another.
Give the exceptions to the general rule that SA courts will only
have jurisdiction over offences committed in SA.
General rule: courts will only exercise jurisdiction with respect to
offences committed in SA.
Exceptions:
a) High treason: SA citizen who is resident in a foreign country and
joins the enemy army in wartime
b) Theft committed in a foreign country but the A has the stolen
property in SA – theft is a continuing crime
c) Offences on ships: territorial waters are part of the state
d) Offences outside SA on a non-SA plane – plane lands in SA with
the offender of board/ the principal place of business or
permanent residence of the lessee of the plane is in SA/ offender
is present in SA.
e) Offences committed on territory subsequently annexed by SA
f) Offences committed on an SA plane wherever it is (Civil Aviation
Act)
g) Offences committed by a SA citizen in Antarctica – jurisdiction of
the Pretoria Magisterial District
h) Offences deemed to be committed where A happens to be
i) Embassies: diplomats remain subject to the jurisdiction of their
home states.
Anne is kidnapped from her home in Tweefontein, on route to his
hide out, he assaults a police officer who shows suspicion
regarding the girl in Driefontein, he steals the police car in an
attempt to escape custody, and in apprehended in Eenfontein.
Discuss which of these magistrate courts will have jurisdiction to
hear the assault, kidnapping and theft?
Downloaded by: AnswersAcademy |
