Question
A is arrested on a charge of housebreaking with intent to steal and theft. 1.1.1 Name the part of the law which regulates the essential
A is arrested on a charge of housebreaking with intent to steal and theft.
1.1.1 Name the part of the law which regulates the essential elements of the offence allegedly committed by A. (1)
1.1.2 Name the part of the law which regulates the procedure to be followed in executing the prosecution. (1)
1.1.3 Name the part of the law which determines the charges to be put against A, and the so-called definitional elements which must established to successfully prove said charges. (1)
1.1.4 If the case goes on trial which burden must to be discharged to the court, and by whom? (2)
1.1.5 Briefly discuss whether the type of offence mentioned above can or should affect the so-called presumption of innocence in any way. (2)
1.2 A is charged with the offence of robbery with aggravating circumstances. The prosecutor requests deferments of the case a few times before the actual trial starts, that is before A pleads to the charges and the witnesses testify.
1.2.1 Name the process which is applied by the court in deferring (putting forward to another date) the case as indicated above. (1)
1.2.2 Name the process (of deferment) that is applicable if the trial had already started, and witness led in testimony. (1)
1.2.3 The discretion to defer a case to a future date lies with the prosecutor. True or False? (1)
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