Recent Lessons

Show all results for ""

Chaskalson P Case Summary

Choose a study mode

Play Quiz

Study Flashcards

Spaced Repetition

Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What were the two accused convicted of?

Four counts of murder, one count of attempted murder, and one count of robbery with aggravating circumstances.

What was the sentence imposed on the two accused for the counts of murder?

Death penalty on each count of murder.

Which court did the accused appeal to against their convictions and sentences?

The Appellate Division of the Supreme Court.

Which provision of the Criminal Procedure Act prescribed the death penalty for murder?

Section 277(1)(a) of the Criminal Procedure Act No. 51 of 1977. Signup and view all the answers

What did the Appellate Division conclude about the circumstances of the murders?

The accused should receive the heaviest sentence permissible by law. Signup and view all the answers

What constitutional issues were raised by the accused in relation to the death penalty?

Conflict with the provisions of sections 9 and 11(2) of the Constitution. Signup and view all the answers

What were the two main issues raised in the case?

The constitutionality of section 277(1)(a) of the Criminal Procedure Act and the implications of section 241(8) of the Constitution. Signup and view all the answers

Was there a formal reference of the issues to the Court in terms of section 102(6) of the Constitution?

No, there was no formal reference. Signup and view all the answers

Did the trial conclude before or after the 1993 Constitution came into force?

The trial was concluded before the 1993 Constitution came into force. Signup and view all the answers

Why did the court ask counsel to consider whether evidence would be relevant to the determination of the constitutional question?

Because evidence that might be relevant to the issue of constitutionality of the death sentence would not have been led during the trial. Signup and view all the answers

Was there specific material pointed out by counsel that had not already been presented to the Court?

No, apart from public opinion issues, counsel could not point to specific material not already presented. Signup and view all the answers

Why did the Court decide not to refer the case back for the hearing of further evidence?

The Court decided that no good purpose would be served by referring the case back and that they should deal with the matter based on the information and arguments already presented. Signup and view all the answers

Flashcards are hidden until you start studying

Chaskalson P Case Summary

Choose a study mode

Podcast

Questions and Answers

What were the two accused convicted of?

What was the sentence imposed on the two accused for the counts of murder?

Which court did the accused appeal to against their convictions and sentences?

Which provision of the Criminal Procedure Act prescribed the death penalty for murder?

What did the Appellate Division conclude about the circumstances of the murders?

What constitutional issues were raised by the accused in relation to the death penalty?

What were the two main issues raised in the case?

Was there a formal reference of the issues to the Court in terms of section 102(6) of the Constitution?

Did the trial conclude before or after the 1993 Constitution came into force?

Why did the court ask counsel to consider whether evidence would be relevant to the determination of the constitutional question?

Was there specific material pointed out by counsel that had not already been presented to the Court?

Why did the Court decide not to refer the case back for the hearing of further evidence?

More Like This

Chaskalson P Case Summary

Quick Share