MULTI CHOICE QUESTIONS
CMP301-A
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.
(1) Only statements (a) and (b) are correct.
(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.
(1) All the statements are wrong.
(2) All the statements are correct.
(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.
(3) Only statements (a) and (d) are correct.
(4) Only statement (c) is correct.
(5) All the statements 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.
(1) All the statements are correct.
(2) Only statements (a) and (b) are correct.
(3) Only statements (b) and (c) are wrong.
(4) Only statements (b) and (d) are correct.
(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.
(1) Only statement (a) is correct.
(2) All statements are wrong.
(3) All statements are correct.
(4) Only statements (a) and (b) are correct.
(5) Only statement (b) is 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.
(1) All the statements are wrong.
(2) All the statements are correct.
(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.
, CMP301-A Page 3 of 22
(1) Statements (a) and (d) are correct.
(2) Only statements (a) and (b) are wrong.
(3) Only statements (b), (c) and (d) are wrong.
(4) All the statements are correct.
(5) All the statements 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.
(1) Only statements (a), (c) and (d) are correct.
(2) Only statements (a) and (b) are correct.
(3) Only statement (c) is correct.
(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.
(1) Only statement (b) is correct.
(2) Only statements (c), (d) and (b) are correct.
(3) Only statements (a), (b) and (d) are correct.
(4) All the statements 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.
CMP301-A
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.
(1) Only statements (a) and (b) are correct.
(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.
(1) All the statements are wrong.
(2) All the statements are correct.
(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.
(3) Only statements (a) and (d) are correct.
(4) Only statement (c) is correct.
(5) All the statements 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.
(1) All the statements are correct.
(2) Only statements (a) and (b) are correct.
(3) Only statements (b) and (c) are wrong.
(4) Only statements (b) and (d) are correct.
(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.
(1) Only statement (a) is correct.
(2) All statements are wrong.
(3) All statements are correct.
(4) Only statements (a) and (b) are correct.
(5) Only statement (b) is 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.
(1) All the statements are wrong.
(2) All the statements are correct.
(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.
, CMP301-A Page 3 of 22
(1) Statements (a) and (d) are correct.
(2) Only statements (a) and (b) are wrong.
(3) Only statements (b), (c) and (d) are wrong.
(4) All the statements are correct.
(5) All the statements 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.
(1) Only statements (a), (c) and (d) are correct.
(2) Only statements (a) and (b) are correct.
(3) Only statement (c) is correct.
(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.
(1) Only statement (b) is correct.
(2) Only statements (c), (d) and (b) are correct.
(3) Only statements (a), (b) and (d) are correct.
(4) All the statements 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.
