Aspirant Prosecutor Exam Study Guide

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Questions and Answers

What is the primary purpose of the study guide mentioned in the content?

To serve as an academic reference

To compile case studies for prosecutorial practices

To provide a detailed analysis of criminal law

To assist applicants in preparing for the entry examination (correct)

Which edition of 'Snyman’s Criminal Law' is referenced in the sources?

5th Edition

8th Edition

7th Edition (correct)

6th Edition

Who is listed as a contributor from DPP: South Gauteng - Randburg?

Adriaan Lamprecht

Nadine Lamprecht-Nel

Yusuf Baba (correct)

Kevin Padayachee

Which publication provides a guide to bail applications?

Mokoena's A Guide to Bail Applications Signup and view all the answers

What is the latest year mentioned for the publication of 'Recent Cases: Sentencing'?

2022 Signup and view all the answers

Who updated the selective discussion of the Drugs and Drug Trafficking Act?

J P Nordier Signup and view all the answers

Which of the following is not listed as a source in the document?

Law of Evidence Primer Signup and view all the answers

What type of document is the study guide classified as?

A non-academic reference Signup and view all the answers

What was the outcome of the case S v Van Aardt?

The accused was convicted of murder. Signup and view all the answers

What must be established to determine causation in materially defined crimes?

A causal link between conduct and the prohibited result. Signup and view all the answers

Which test is used to assess factual causation?

The conditio sine qua non test. Signup and view all the answers

In the case Daniels v S, what was the immediate consequence of the accused's actions?

The victim was severely wounded and required medical treatment. Signup and view all the answers

What type of crimes does the term 'formally defined crimes' refer to?

Crimes that prohibit specific conduct regardless of results. Signup and view all the answers

What is necessary to charge someone with contempt of court in relation to maintenance payments?

There must be a court order requiring payments. Signup and view all the answers

Which requirement is NOT part of establishing legal causation?

The accused must have intended the outcome. Signup and view all the answers

What does the legal concept of proximate cause refer to?

The conduct must be a close or approximate cause of the condition. Signup and view all the answers

What is the main principle behind presumed consent or negotiorum gestio?

Actions are justified if they further another person's interests. Signup and view all the answers

Which of the following statements about disciplinary chastisement is true in current South African law?

Disciplinary chastisement is no longer considered a justification. Signup and view all the answers

What are the two essential components of criminal capacity?

Understanding right from wrong and ability to control actions. Signup and view all the answers

At what moment must criminal capacity exist for an accused?

At the time of committing the offense. Signup and view all the answers

What was the outcome of the case S v Eadie regarding the appellant's criminal capacity?

His conviction was upheld despite his defense. Signup and view all the answers

Which justification for chastisement was eliminated over time in South African law?

Chastisement of learners. Signup and view all the answers

In what circumstance is the criminal capacity assessment deemed invalid?

When one or both components of understanding are absent. Signup and view all the answers

Which action can be justified under presumed consent?

Damaging property to protect a life. Signup and view all the answers

What must be true for taking of property to be classified as robbery?

The intention behind the violence must focus on resisting the victim's attempts to hold the property. Signup and view all the answers

How is fraud defined in relation to misrepresentation?

It is the unlawful making of a representation that leads to actual or potential prejudice. Signup and view all the answers

Which of the following scenarios could potentially be classified as fraud?

An individual transfers money using another person's PIN without permission. Signup and view all the answers

What does the requirement of 'misrepresentation' in fraud entail?

Assert that a fact exists which does not exist. Signup and view all the answers

In the context of handbag-snatching, what constitutes sufficient use of force?

Intentional force to overcome the victim's hold or potential resistance is adequate. Signup and view all the answers

What does intent refer to in the context of robbery according to Sithole's ruling?

The intention relates to preventing the victim's resistance to theft. Signup and view all the answers

Which action could not be considered misrepresentation in the context of fraud?

Correctly stating one's financial status during a financial transaction. Signup and view all the answers

Which of the following is NOT a necessary aspect of robbery?

The victim's actual resistance during the theft. Signup and view all the answers

What is sufficient for the state to charge a person with housebreaking?

Housebreaking with intent to commit a crime unknown to the prosecutor. Signup and view all the answers

Which of the following best defines breaking in the context of housebreaking?

Displacement of an obstacle preventing entry. Signup and view all the answers

When is entry considered complete in the act of entering a property?

The moment any part of the body or an instrument touches the property. Signup and view all the answers

Under the Trespass Act, how can a person avoid being guilty of trespassing?

By having lawful reason to enter or be upon the land. Signup and view all the answers

Which statement about entry in the context of unlawful entry is correct?

The person must be physically present on the property. Signup and view all the answers

What is the primary focus of the Firearms Control Act regarding unlawful possession?

Preventing illegal possession of firearms. Signup and view all the answers

What section of the law provides that any unauthorized entry into a property constitutes trespassing?

Section 1(1) of the Trespass Act 6 of 1959. Signup and view all the answers

What are the implications of walking through an open door concerning housebreaking charges?

It does not constitute breaking. Signup and view all the answers

Study Notes

Aspirant Prosecutor Programme Entry Examination Study Guide

The Aspirant Prosecutor Programme Entry Examination Study Guide, compiled by the National Prosecuting Authority (NPA), provides guidance for applicants preparing for the exam.
The study guide is not an academic work and should not be used as an academic reference.
The sources used to compile the guide are:
- Commentary on the Criminal Procedure Act: Du Toit and others.
- Hiemstra's Commentary on Criminal Procedure Act.
- Principles of Evidence.
- Snyman’s Criminal Law
- A Guide to Bail Applications.
- Recent Cases: Sentencing
- Prosecution Policy Directives.
- African Criminal Law and Procedure
- Justice College note: A selective discussion of the Drugs and Drug Trafficking Act, 1992
- LAWSA: Evidence
- Criminal Matters Amendment Act 18 of 2015

Causation in Criminally Defined Crimes

Criminally defined crimes are categorized as either formally or materially defined.
Formally Defined Crimes: Prohibit specific conduct regardless of the result.
Materially Defined Crimes: Prohibit conduct that causes a specific condition.
Causation: Establishing a causal link between the accused's conduct and the prohibited result is crucial for materially defined crimes.
Factual Cause: Determined using the "conditio sine qua non" test. It assesses whether the prohibited consequence would have occurred "but for" the accused's conduct.
- Daniels v S (1983) established the need for both factual and legal causation.
Legal Cause: Evaluates the relationship between the conduct and the result, considering theories like proximate cause.
- Daniels v S (1983) involved the defendant shooting the victim, who later died from lack of medical attention. This case highlighted the legal causation issue.

Grounds of Justification

Presumed Consent or Negotiorum Gestio: Justifies actions infringing on another's interests if the actions further the interests of the person against whom the crime is committed.
- Example: Breaking into a burning house to rescue the homeowner.
Disciplinary Chastisement: This defense was previously considered a justification for reasonable and moderate punishment of children, learners, spouses, or employees.
- Christian Education South Africa v Minister of Education (2000) ruled out disciplinary chastisement of school learners.
- Freedom of Religion South Africa v Minister of Justice and Constitutional Development (2020) declared parental chastisement unconstitutional.
- Disciplinary chastisement is no longer a valid justification in South African law.

Criminal Capacity

Criminal Capacity: A two-part test to determine if an accused can stand trial.
- Understanding and Appreciating Wrongfulness: The accused must understand the wrongfulness of their actions.
- Ability to Act in Accordance: The accused must have the ability to act in accordance with their understanding of wrongfulness.
- S v Eadie (2002) involved the appellant's plea of non-pathological criminal incapacity in a case involving a road rage incident.

Statutory Offences

The Firearms Control Act 60 of 2000:
- Unlawful Possession of Firearms (Section 3): This offense is dealt with in Section 120, with penalties outlined in Section 121.

Other Key Points

Robbery (Sithole 1981): This offense requires violence directed at the victim to overcome, prevent, or forestall resistance to the taking of property.
- Handbag snatching can constitute robbery if force is used to overcome the victim's hold on the bag.
Fraud (Mdantile v S 2011): Defined as the unlawful and intentional misrepresentation causing actual or potential prejudice.
- Misrepresentation can involve words, writing, or conduct and can even be made to a computer system.
- The accused must represent a fact or facts that do not exist.
Housebreaking with Intent to Commit a Crime Unknown to the Prosecutor (S262 and S263 of the Criminal Procedure Act): The crime is charged as housebreaking with the intent to commit a specific offense or, if the offense is unknown, as housebreaking with intent to commit a crime unknown.
- The offense involves two aspects:
  - Breaking: Any removal or displacement of an obstacle preventing access.
  - Entering: Inserting any part of the body or an instrument into the property or structure.
Trespassing (Trespass Act 6 of 1959): Punishes the unlawful and intentional entry onto or presence on another's property without the owner or lawful possessor's consent.
- Entry refers to physical boundaries of the property, requiring the accused's physical presence.
- The offense is not committed if the accused has a lawful reason to be on the property.

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Description

Prepare for the Aspirant Prosecutor Programme Entry Examination with this comprehensive study guide. It includes essential references such as the Criminal Procedure Act and key principles of evidence, tailored for aspiring prosecutors. This resource is not meant for academic citation but serves as a practical tool for exam preparation.