Chapter 14

Question 1

When plea by accused may be dispensed with

Answer 1

1- Refusal to plea
2- Ambiguity in plea
3- Obstructive and rowdy behavior
4- Mentally abnormal accused
5- Objections to the charge

Question 2

Explain refusal to plea

Answer 2

Court shall enter a plea of not guilty if accused will not plea or answer directly to the charge. Such a plea entered by the court has same effect as if the accused had actually pleaded. In MOTHOPENG the opinion is expressed that the provisions of s109 should not be envoked where an accused bona fida refuses to plea.

Question 3

Explain the ambiguity in plea

Answer 3

If upon required to plea, accused does not do so directly , but makes statement in which he admits certain facts or plead guilty adding reservations and refutations (eg guilty, but he attacked me first) court should enter a plea of not guilty and question accused in terms of s115 to ascertain what he is prepared to admit.

Question 4

Explain obstructive and rowdy behavior

Answer 4

S159(1) If accused refusal to plea, accompanied by such improper behavior that it obstructs conduct of proceedings of court, court may order him to be removed and direct the proceedings to continue in his absence.

Question 5

Explain mentally abnormal accused

Answer 5

S77 says If accused called to plea to a charge, it appears uncertain as to whether he is capable of understanding the proceedings at the trial so as to make a proper defence, an inquire into mental state should be made.

Question 6

Explain the objections to charge

Answer 6

S85(1)
Accused may before pleading, object to a charge on the grounds of:
(a) that the charge does not comply with the provisions of the act relating to the essentials of the charge
(b) that the charge does not set out essential element of relevant offenses
(c) that the charge does not disclose the offense
(d) that the charge does not contain sufficient particulars of any matter alleged in the charge
(e) that the accused is not correctly named or described in the charge

Question 7

Different pleas which may be raised by the accused- Pleas mentioned in the act

Answer 7

Sec106 provides that accused may plea:
1- that he is guilty of the offense charged or of any offense of which he may be convicted on the charge
2- that he is not guilty
3- that he has already been convicted of the offense with which he is charged
4- that he has received a free pardon from the president for the offense charged
5- that he has already been acquitted of the offense with which he is charged
6- that the prosecutor has no title to prosecute
7- that the court has no jurisdiction to try the offense

Question 8

Define the different pleas which may be raised by the accused

Answer 8

1- Pleas mentioned in the act
2- Guilty
3- Not guilty

Question 9

Pleas which may be raised by the accused- Guilty

Answer 9

1- Questioning by the presiding official
2- Accused’s version
3- Prosecutors role
4- Statement by accused instead of questioning
5- Correction of plea of guilty
6- Committal for sentence by regional court
7- Amendment of plea from guilty to not guilty

Question 10

Pleas which may be raised by the accused: Not Guilty

Answer 10

1- Explanation of plea
2- Admissions made in the course of explanation of plea
3- Accused's participation
4- Committal to regional court
5- Amendment of plea of not guilty
6- The procedure in essence

Question 11

Prior conviction or acquittal

Answer 11

1- Autrefois convict
2- Autrefois acquit
3- sec106 and the pleas of Autrefois acquit/convict

Question 12

Explain the difference between traditional and statutory plea bargaining

Answer 12

Pg242-244

Question 13

What is the meaning of Arraignment

Answer 13

The calling upon an accused to appear, informing him of the charge against him, the demanding of him wether he is guilty or not and entering of his plea. His plea having entered he is said to stand arraigned.

Question 14

Explain the pleas of Autrefois acquit and Autrefois convict

Answer 14

These pleas are based on the principal that the public needs to be protect against the possibility of repeated prosecutions for the same conviction. Such protection is necessary in the interests of fairness and public interests in the finality of judgements.

Question 15

Explain the principal of Autrefois convict

Answer 15

The essentials of plea are that the accused had been previously convicted:
1- by the same offense
2- by a competent court

Question 16

Explain the principal of Autrefois acquit

Answer 16

The essentials of the plea of this are that the accused has been previously acquitted
1- of the same offense with which he is now charged
2- by a competent court
3- upon the merits
If these three factors were present the accused is said to have stoop in jeopardy, ie was in danger of having been convicted