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Criminal Procedure > Jurisdiction > Flashcards

Jurisdiction Flashcards

1
Q

What is jurisdiction?

A

The authority vested in a court to adjudicate over on, and pass judgment over, a perpetrator who has committed an offence within the territorial area in which a court exercises such authority.

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2
Q

What are the four ways in which jurisdiction is determined?

A
  1. Area
  2. Type of offence
  3. Sentence
  4. Type of procedure.
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3
Q

What is a dominus litis?

A

A party who initiates a legal action has control over the proceedings and has the right to make decisions about how the case is conducted.

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4
Q

What is the dominus litis in a criminal case?

A

The prosecutor.

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5
Q

What are the duties of a dominus litis?

A
  1. Determine which court has jurisdiction to hear the matter.
  2. Determine the witness list and order of testimony
  3. Set a date and venue of trial
  4. At trial decide when to close the case
  5. Cross-examine the accused and defence witnesses and generally challenge the evidence of the defence
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6
Q

Which case explains the role of a dominus litis?

A

S v Zuma.

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7
Q

When is the question of jurisdiction and the concept of dominus litis considered?

A

When the prosecutor has a prima facie case.

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8
Q

When is a case prima facie?

A
  1. Allegations are supported by statements and evidence
  2. Provable in a court of law on the basis of admissible evidence
  3. Proof on the basis of admissible evidence requires conviction of the accused.
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9
Q

What is the case for the requirements for a prima facie case?

A

Freedom under Law v NDPP.

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10
Q

What is the effect of failing to prosecute a prima facie case?

A

Violation of rule of law and section 179 of the Constitution.

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11
Q

Which case deals with the effect of a failure to prosecute a prima facie case?

A

Panday v NDPP

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12
Q

What is section 179 of the Constitution?

A

Prosecuting authority.

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13
Q

What is section 179(1) of the Constitution?

A

There is a single national prosecuting authority in the Republic structured ito the National Prosecuting Authority Act.

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14
Q

What is section 179(2) of the Constitution?

A

The prosecuting authority has the power to institute criminal proceedings on behalf of the State, and to carry out any necessary functions incidental to instituting criminal proceedings.

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15
Q

Which statute governs Magistrate courts?

A

Magistrates Act 32 of 1944.

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16
Q

What do sections 89(1) and (2) of the Mag Act do?

A

It gives a list of the offences that a magistrate court can hear.

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17
Q

What does section 90 of the MA do?

A

It confers Mag Courts jurisdiction to try offences that have been committed in their district or regional division.

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18
Q

What does section 90(3) hold?

A

Where it is uncertain in which of several jurisdictions an offence has been committed, it may be tried in any of such jurisdictions.

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19
Q

What does section 92 do?

A

It confers the sentences that may be imposed by magistrates courts. (District court –no more than 3 years, Regional court- no more than 15 years).

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20
Q

What does being a court of first instance entail?

A

There can be no review or appeal in these courts.

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21
Q

Which Act governs High Courts?

A

The Superior Courts Act.

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22
Q

What are the limitations of a High Court?

A

Area.

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23
Q

What is the range of a High Court?

A
  1. Try any type of offence
  2. No limit to the punishment they may impose, provided it is permitted by law and does not exceed the maximum laid down by a particular statutory offence.
  3. Court a quo
  4. Jurisdiction for appeals and reviews.
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24
Q

What is the jurisdiction of the SCA?

A
  1. Court of appeal
  2. Jurisdiction over entire country
  3. Order of constitutionality must be confirmed by the CC ito section 172 of Constitution
  4. No limit to sentencing powers other than the limits prescribed by a particular statute ito certain crimes.
25
Q

What are the principles that determine criminal jurisdiction?

A
  1. Effectiveness (effective and meaningful judgment)
  2. Territoriality
  3. Type and the seriousness of an offence
  4. Superior courts enjoy appeal and review jurisdiction over lower courts ito sections 19 and 21(1)(a) and (b) of the Superior Courts Act.
  5. Sentencing limitations
  6. Constitutional validity
  7. The extra-territorial reach of a SA court.
26
Q

What is the territorial principle of jurisdiction?

A

A jurisdictional connection or link must be established between the offence committed by a perpetrator and the court’s territorial area of authority.

27
Q

What is the type of offence principle of jurisdiction?

A
  1. HC has original jurisdiction over all offences.
  2. RC has jurisdiction over all offences except treason
  3. DC has jurisdiction over all offences except rape, murder and treason.
28
Q

What is the principle of sentencing limitations ito jurisdiction?

A
  1. HC may impose any sentence including a life sentence
  2. RC may not impose a sentence of more than 15 years
  3. DC’s sentencing limit is 3 years.
29
Q

What is the principle of appeal/review jurisdiction?

A

Lower courts do not have appeal/review jurisdiction.

30
Q

Which section deals with the jurisdictional connections of the HC?

A

Section 21(1) of the Superior Courts Act.

31
Q

Which section deals with the jurisdictional connections of the MC?

A

Section 90(1),(2) and (3).

32
Q

What are the four relevant statutory provisions which determine the jurisdiction of the High Court?

A
  1. Section 169(b) of the Constitution read with section 21(1) of the Superior Courts Act
  2. Section 110(2) of the Crim Proc Act
  3. Section 21(2) of the Superior Courts
33
Q

What is section 169(b) of the Constitution read with section 21(1) of the Superior Courts Act?

A

Jurisdiction is conferred on a division of the HC in respect to all triable offences in its area of jurisdiction.

34
Q

What does section 110(2) of the Crim Proc Act hold?

A

A division of the HC has no discretion in respect to jurisdiction and where it lacks the required statutory jurisdiction, it must transfer the case to the division which has the required jurisdiction.

35
Q

What does section 21(2) of the SCA hold?

A

The jurisdiction of a division may be extended to a person residing outside its area of jurisdiction where such a person is joined to a cause over which the division does have jurisdiction.

36
Q

How may a MC be constituted?

A
  1. Summary trial
  2. Preparatory examination
37
Q

What happens in a summary trial?

A

The accused is charged, tried and convicted or found not guilty.

38
Q

What is the sentencing jurisdiction of the HC?

A
  1. Imprisonment
  2. Periodical imprisonment
  3. Declaration as a habitual criminal
  4. Committal to a treatment centre
  5. Fine
  6. Correctional supervision
39
Q

What is the sentencing jurisdiction of the DC?

A
  1. A fine not exceeding R120 000
  2. Imprisonment not exceeding 3 years
  3. Periodical imprisonment
  4. Declaration as a habitual criminal
  5. Commitment to a treatment centre
  6. Correctional supervision
40
Q

What is the sentencing jurisdiction of the RC?

A
  1. A fine not exceeding R600 000
  2. Imprisonment not exceeding 15 years
  3. Periodical imprisonment
  4. Declaration as a habitual criminal
  5. Commital to a treatment centre
  6. Correctional supervision
41
Q

What is section 110(1) of the Crim Proc Act?

A

Where an accused is incorrectly brought before a court which does not possess the jurisdiction to try the offence, and the accused fails to plead absence of jurisdiction and proceeds instead to plead guilty or not guilty, that court may assume jurisdiction over the offence.

42
Q

How are MC limited?

A
  1. Area
  2. Type of offence
  3. Severity of the offence
  4. Type of procedure.
43
Q

Which sections of the MCA lists the offences that a MC can hear?

A
  1. Section 89(1)
  2. Section 89(2)
44
Q

What does section 90 of the MCA do?

A

Grants jurisdiction to try offences that have been committed in the court’s district or regional division.

45
Q

What does section 90(3) of the MCA hold?

A

Where it is uncertain in which of several jurisdictions an offence has been committed, it may be tried in any of such jurisdictions.

46
Q

What does section 92 of the MCA do?

A

Lists the sentences that may be imposed by MCs.

47
Q

Which case deals with the jurisdiction of the HC?

A

Mamase and Others v S.

48
Q

What did the court state in Mamase v S?

A

HC derive their jurisdiction from the Constitution and legislation which gives effect to the provisions of the Constitution.

49
Q

What does section 21(1) of the SCA hold?

A

A Division has jurisdiction over all persons residing or being in, and in relation to all causes arising and all offences triable within, its area of jurisdiction and all other matters of which it may according to law take cognisance, and has the power:
(a) to hear and determine appeals from all Mcs within its area of jurisdiction
(b) to review proceedings of such courts
(c) in its discretion and instance of any interested person, enquire and determine contingent rights notwithstanding that such person can not claim any relief consequential upon the determination.

50
Q

What does section 21(2) of the SCA hold?

A

A Division has jurisdiction over any person residing outside its area of jurisdiction who joins as a apryt to a cause in relation to which such court has jurisdiction or who ito 3rd party notice becomes a party to such a cause, if the said person resides or is within the area of jurisdiction of any other Division.

51
Q

What is a 3rd party application?

A

Where a party in the action claims against another person who is not a party to the action, that such party is entitled, in respect of any relief claimed against them, to a contribution or indemnification from such 3rd party.

52
Q

What crimes are excluded from the jurisdiction of a district court/

A
  1. Treason
  2. Murder
  3. Rape
  4. Compelled rape.
53
Q

What crime is excluded from the jurisdiction of a regional court?

A

Treason.

54
Q

What are the sentences a High Court may give?

A
  1. Imprisonment including life
  2. Periodical imprisonment
  3. Declaration as an habitual criminal
  4. Committal to a treatment centre
  5. Fine
  6. Correctional supervision
  7. Imprisonment from which the person may be placed under correctional supervision.
55
Q

What are the sentences that a RC may impose?

A
  1. Imprisonment for a period not exceeding 15 years
  2. Periodical imprisonment
  3. Declaration as an habitual criminal
  4. Committal to a treatment centre
  5. A fine not exceeding the amount determined by the Minister in the Gazette
  6. Correctional supervision
  7. Imprisonment from which the person may be placed under correctional supervision
56
Q

What sentences may the DC impose?

A
  1. Imprisonment not exceeding a period of 3 years
  2. Periodical imprisonment
  3. Committal to a treatment centre
  4. A fine not exceeding the amount determined by the Minister in the Gazette
  5. Correctional supervision
  6. Imprisonment from which the person may placed under correctional supervision
57
Q

What does section 110 of the CPA deal with?

A

The accused brought before the court with no jurisdiction.

58
Q

What does section 110 of the CPA hold?

A

(1) Where an accused does not plead that the court has no jurisdiction and it at any stage:

(a) after the accused has pleaded a plea of guilty or of not guilty; or

(b) where the accused has pleaded any other plea and the court has
determined such plea against the accused, appears that the court in question does not have jurisdiction

The court shall for the purposes of this Act be deemed to have jurisdiction in respect of the offence in question.
(2) Where an accused pleads that the court in question has no jurisdiction and the
plea is upheld, the court shall adjourn the case to the court having jurisdiction.

Criminal Procedure (9 decks)

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