20/8/23

CRIMINAL PROCEDURE B ASSIGMENT

MR ANATHI PHELA

Instructions

• You are to submit your work on or before 4 September 2023 on blackboard OR at a venue I will
announce in class. Please select one place for your submission. NO LATER THAN
• Should you submit late, I will NOT take your work. NO TECHNICAL GLLITCHES WILL BE
ENTERTAINED
• Your work must be referenced using in-house style from your respective faculty.
• You may not exceed 8 typed pages of your work excluding reference page and a cover page.
• Please justify your work, Arial 12, line spacing 1.5

You will be penalized for the following.

• Dirty work
• Lack of cohesive arguments
• Incorrect use of authority
• Inconsistent style of referencing
• Failing to cite authority in full.
• Lack of biographical details
• Lack of a Turnitin report
• Underwriting and or overwriting
• Lack of proper formatting

It is not about the quantity of your words but rather the quality of your work.

Question 1

Read the following scenario and respond to the following questions.

Goku is a well know habitual criminal who has multiple suspended sentences for different types of
offences, he is employed as a kung-Fu fighter and often freelances with major events. Goku enjoys night
time strolls whereupon he challenges people on the street for random fights. Up until recently he has
never lost a fight. It is understood that most of his victims are forced into these fights. These fights have
taken the internet by storm often being recorded and streamed online with millions of views. Goku was
previously registered for his LLB degree but he was sentenced to expulsion for defaming certain members
of academic staff claiming that these members of staff insulted him and harassed him. His friends have
always maintained that he started his illicit crime fighting activity since his expulsion. His crimes have
ranged from theft to internet bullying, crimen injuria, sexual harassment. On the 17th of September 2023
he is spotted in Quiney fighting with a Bystander who happens to be a medical practitioner by the name
Dr Frieza. He is captured one night by people who claim to be members of SAPS from Fleet station.

You act on behalf of Goku and you receive instructions to the effect of him being remanded in custody at
FLEET STREET POLICE STATION

1.1 Explain the criminal process considering the criminal procedure act (1977) that justifies the capture of
Goku (5)
1.2 Explain the most likely step to follow his capture. (10)
1.3 Justify your response in 1.3 (5)
1.4 It is generally accepted that the status qou changed the legal framework regulating the process that
follows as justified in 1.2, comment on how the process would be different if it had not changed,
include the authority in question as well as findings thereof. (20)
1.5 You find yourself struggling to grasp to what extent this act was non-consensual! Draft the necessary
pleading which will assist in this regard. (10)

Question 2

You act as a criminal trial attorney in Durban. Your client keeps on putting pressure on you to go back to
your lecture notes in an attempt for you to win this case. You are reluctant to do so but because you
obtained your LLB degree during online learning, you decide to take your client’s advice. You do as you are
told and come across the principle of discharge. critically respond to the vexed questions that the court
was faced with in relation to the principle of discharge in previous jurisprudence, make sure to be clear
which leading authority you discuss and justify your choice within the context of criminal procedure.

(30)

TOTAL 80 MARKS