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In 1988 Ed Crooke and two accomplices, Adam Swindler and Petty Thief allegedly committed the crimes of robbery with aggravating circumstances, in the Republic of
In 1988 Ed Crooke and two accomplices, Adam Swindler and Petty Thief allegedly committed the crimes of robbery with aggravating circumstances, in the Republic of Zamunda, where they were visitors. Ed is subsequently arrested by the police in the Republic of South Africa in 2010. Ed is 72 years old at the time of his arrest. Read the above case and answer the following questions use south African case law where possible. 3.2 Section 84 (1) of the Criminal Procedure Act 51 of 1977, and section 35(3)(1)(a) of the Constitution of the Republic of South Africa, 1996, require the indictment or charge sheet to be compiled in sufficient detail for the accused to be able to answer it. In the subsequent trial the accused, Ed, Adam and Petty are arraigned on the charges committed in Zamunda. One of the charges in the charge sheet reads as follows: "The accused Ed Crooke, Adam Swindler and Petty Thief are charged with the crime of robbery with aggravating circumstances of an amount of $1 million, which took place in Pretoria in 1988." 3.2.1 Briefly explain whether a South African court has jurisdiction over the accused on the charge set out in the charge sheet since the crime was allegedly committed in Zamunda, and not in the Republic. If so, why/ and if not, why not? (4)
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