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n 1988 Ed Crooke and two accomplices, Adam Swindler and Petty Thief allegedly committed the crimes of robbery with aggravating circumstances, in the Republic of
n 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. Section 1 1.1 Substantive Law governs the rules which determine whether or not particular conduct constitutes a crime. According to the facts set out above, which part of the facts constitutes substantive law? (1) 1.2 Adjectival/ Procedural Law determines the rules of procedure which must be followed in criminal proceedings. According to the facts set out above, which part of the scenario deals with Procedural/ Adjectival Law? (1) 1.3 The prosecutor, Cruella Persecutor, is of the view that the charge of robbery with aggravating circumstances may be tried in the district court. Briefly explain whether this is possible. If so, why, and if not, why not. (2) 1.4 In terms of section 18 of the Criminal Procedural Act 51 of 1977, the right to prosecute offences by the State lapses after a period of 20 years from the time when the offence was originally committed. Briefly explain whether Ed and his accomplices may be prosecuted in a South African court on the basis of the alleged offence. (2)
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