Aspirant Prosecutor Programme Exam Guide

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Questions and Answers

What must be proven for a conviction of trespassing under the Trespass Act 6 of 1959?

The property was not occupied by anyone.

The accused entered a property with permission.

The accused was physically present on property without consent. (correct)

The accused was invited onto the property.

Under the Trespass Act, which of the following is NOT considered a lawful reason to enter someone else's property?

Entering without anyone's permission. (correct)

Having a contract with the property owner.

Being invited by the lawful occupier.

Entering to retrieve a lost item.

According to the Firearms Control Act, what is true regarding the possession of firearms?

Only licensed individuals can possess firearms legally. (correct)

It is legal to possess a firearm without a license if one has a permit.

The prosecution must prove lack of license for the accused.

Possession of a firearm can be assumed legal without any proof.

What is the burden of proof regarding firearm possession under the Firearms Control Act?

The accused must prove they are licensed to possess a firearm. Signup and view all the answers

What element is NOT required for an offence of unlawful possession of a firearm?

The accused intended to use the firearm unlawfully. Signup and view all the answers

What is the purpose of the study guide for the Aspirant Prosecutor Programme?

To prepare applicants for the entry examination Signup and view all the answers

Who is the property of the study guide attributed to?

The National Prosecuting Authority Signup and view all the answers

Which of the following is NOT a contributor listed for the study guide?

Albert Kruger Signup and view all the answers

What year was the edition of 'Principles of Evidence' referenced in the sources published?

2023 Signup and view all the answers

What is one of the sources utilized in the preparation of the study guide?

Hiemstra's Commentary on Criminal Procedure Act Signup and view all the answers

Which of the following is listed as a publisher for one of the sources?

LexisNexis South Africa Signup and view all the answers

Which of the following topics is NOT covered in the sources referenced?

International Law Signup and view all the answers

In which publication is the 'Drug and Drug Trafficking Act' selectively discussed?

Justice College note Signup and view all the answers

Under what condition can a person act in self-defence according to the content?

When the attack is imminent but not yet completed Signup and view all the answers

What is NOT a requirement for claiming private defence?

The act must involve physical harm to the attacker Signup and view all the answers

According to the content, what must a person acknowledge while acting in private defence?

That they are acting in private defence Signup and view all the answers

Which statement accurately reflects the concept of private defence?

It is permissible when ordinary legal remedies are insufficient Signup and view all the answers

In the context of the highlighted case, what was the main reason for the acquittal of the accused?

There was sufficient proof of self-defence Signup and view all the answers

What does the content state about the relationship between the attack and the defensive act?

There must be a reasonable relationship between them Signup and view all the answers

What is one key aspect of the test for private defence?

It should consider whether the defender was exposed to real danger Signup and view all the answers

How is private defence conceptualized according to the judicial ruling referenced?

An immediate response to unlawful threats Signup and view all the answers

What minimum muzzle energy must a device exceed to be classified as a firearm under the Act?

8 joules (6 ft-lbs) Signup and view all the answers

In the context of possession of firearms, what concept is applied when firearms are used in the course of robbery or housebreaking?

Joint Possession Signup and view all the answers

Which of the following devices is NOT considered a firearm under the Act?

A toy gun that does not propel projectiles Signup and view all the answers

What two elements must be established to prove joint possession of firearms?

Intention to exercise possession and the actual detentor's intent Signup and view all the answers

Which of the following best describes 'animus' in legal terms concerning firearm possession?

The mental state or intention to possess Signup and view all the answers

What must accompany housebreaking for it to constitute a crime?

The intention to commit another crime Signup and view all the answers

According to the law, how should charges be formulated in relation to housebreaking?

Charges must separate housebreaking from substantive charges with minimum sentences Signup and view all the answers

What constitutes 'breaking' in the context of housebreaking?

Removing an obstacle that prevents access Signup and view all the answers

What is considered the completion of 'entering' or 'entry' in housebreaking?

Putting any part of the body or instrument into the property Signup and view all the answers

What should be done if the specific offence intent is unknown during a housebreaking charge?

Charge with unspecified offences under the Criminal Procedure Act Signup and view all the answers

Which case emphasizes the caution needed in charging housebreaking with intent?

S v Maswetsa (2013) ZAGPJHC 122 Signup and view all the answers

Under which Act can a charge for housebreaking with intent be brought even if the specific crime is unknown?

Criminal Procedure Act 51/1977 Signup and view all the answers

What scenario would NOT constitute breaking in the legal sense?

Walking through an open door Signup and view all the answers

Study Notes

Entry Examination Study Guide

This study guide is for applicants preparing for the Aspirant Prosecutor Programme entry examination.
It is not an academic work.
It is the property of the National Prosecuting Authority.

Sources

Commentary on the Criminal Procedure Act: Du Toit and others.
Hiemstra`s Commentary on Criminal Procedure Act.
Principles of Evidence: Schwikkard PJ, Mosaka TB, Visser J, Whitear-Nel N and Singh N
Snyman’s Criminal Law 7th Ed: Kallie Snyman and Shannon Vaughn Hoctor
A Guide to Bail Applications: Mokoena MT
Recent Cases: Sentencing: South African Journal of Criminal Justice, Volume Number: 35, Issue: Part 3 Published Year: 2022: Terblanche, S.Citation: (2022) 35 SACJ 412
Prosecution Policy Directives.
African Criminal Law and Procedure Volume III: Statutory Offences CD-Rom and Intranet: ISSN 2218-127X Internet: ISSN 2218-113X Jutastat e-publication S V Hoctor, M G Cowling, J R L Milton Snyman’s Criminal Law seventh edition Justice College notes, SAFLII.
Justice College note: A selective discussion of the Drugs and Drug Trafficking Act, 1992 (Act 140 of 1992) by B J King, Updated by J P Nordier 2021.
LAWSA: Evidence (Volume 18 - Third Edition) DP Van Der Merwe.

Private Defence

The test for private defence is objective.
A person cannot rely on private defence if it appears that he was not exposed to any danger, but merely thought that he was.
The attack must be imminent but not yet completed.
Once the attack is completed, one cannot act in self-defence or private defence.
Private defence is not a means of exercising vengeance or punishment.

Housebreaking

Housebreaking alone is not a crime, although the act may constitute other crimes (malicious injury to property or Contravention of the Trespass Act).
The housebreaking must be accompanied by the intention of the accused of committing another crime as well.
It is sufficient for the state to charge the accused person for Housebreaking with the intent to commit a crime unknown to the prosecutor.

Trespassing

Section 1(1) of the Trespass Act 6 of 1959 provides that any person who, without permission, enters or is on land or in a building or part of a building is guilty of an offence.
The accused must be physically present on the property to constitute entry.
The accused does not commit the offence if he has a lawful reason to enter or be on the land or building or part of the building.

Unlawful Possession of Firearms

Offences related to the Firearms Control Act are contained in section 120 and the penalties are contained in section 121.
Minimum sentences also apply to certain offences as per the Firearms Control Act.
Any person who has in their possession a firearm, unless licensed to possess such firearm, commits an offence.
The accused must provide evidence proving they were licensed, permitted, or authorized to possess the firearm.
The elements of this offence are: that the accused (i) unlawfully (ii) possessed (iii) a firearm (iv) mens rea (Intent).
The Act defines the word 'firearm'.
In applying this Act, it must be distinguished between Common Purpose and Joint Possession of a Fire-Arm.

Joint Possession of a Fire-Arm

The principles of common purpose do not apply when firearms were used in the course of robbery or housebreaking.
The State must establish facts from which it can be inferred that:
- the group had the intention to exercise possession of the guns through the actual detentor and
- the actual detentor had the intention to hold the guns on behalf of the group.

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Description

Prepare effectively for the Aspirant Prosecutor Programme entry examination with this comprehensive study guide. This resource compiles essential commentary and principles related to criminal procedure, evidence, and recent case law, providing a solid foundation for your legal knowledge. Utilize this guide to succeed in your examination and career in prosecution.