CPR3701 Assignment 2 Semester 2 2024

Question 1 Complete Mark 0.00 out of 1.00 Question 2 Complete Mark 1.00 out of 1.00 QUIZ Choose the CORRECT answer from the following statements. In the regional court at the trial of an accused on a charge ofmurder: a. it is peremptory for the magistrate to sit with one or two assessors. b. it is optional for the magistrate to sit with assessors. c. the court cannot exercise a discretion to use assessors where the accused waives the right to have assessors. d. assessors may be appointed after the leading of evidence. e. failure to consider the use of assessors does not generally constitute a serious irregularity, even where the accusedhad agreed to dispense with assessors. Choose the CORRECT answer from the following statements: a. The prosecutor or the accused may compel the attendance of witnesses by way of a summons. b. A recalcitrant witness in a criminal trial is someone who proffers answers detrimental to the party who called themas a witness. c. A postponement refers to the period when the hearing is already underway, whereas an adjournment denotes theperiod before the trial starts. d. A recalcitrant witness in a criminal trial is someone who refuses to take the oath or refuses to answer questions. e. A witness’s sympathy with an accused’s political ideals constitutes a just excuse for the refusal to answer questions. 9/3/24, 12:27 PM Assessment 2: Attempt review 25.00/25.00 Grade 100.00 Question 3 Complete Mark 1.00 out of 1.00 Question 4 Complete Mark 1.00 out of 1.00 Question 5 Complete Mark 1.00 out of 1.00 Question 6 Complete Mark 1.00 out of 1.00 Choose the CORRECT answer from the following statements. In the context of a criminal trial previous convictions: a. only come into play before conviction. b. only come into play after sentence. c. do not in any way affect the sentence to be imposed. d. must be proved by the court. e. must be proved by the prosecution. Choose the INCORRECT answer from the following statements: a. A review is concerned with the procedural accuracy of the proceedings. b. Appeal is concerned with the substantive accuracy of the proceedings. c. A review is not concerned with aspects such as the incorrectness of the judgment. d. Review and appeal may be lodged simultaneously in respect of the same merits and/ or proceedings. e. Appeal is lodged by way of an application for notice of motion, whereas review is sought by way of leave to review. Choose the INCORRECT answer from the following statements: a. Every accused enjoys the right to be pardoned in South African law. b. The function of pardoning is the prerogative of the State President. c. The function of pardon exercised by the State President is reviewable by the courts. d. The head of the Criminal Record Centre of the South African Police Service is responsible for the removal of thecriminal record on the strength of the certifi cate of expungement. e. The