AUGUST 2023: ASSESSMENT 2

MODULE DESCRIPTION : CONDUCT OF A CRIMINAL TRIAL

MODULE CODE : JCC102

FACULTY : LAW

QUALIFICATION : HIGHER CERTIFICATE (CRIMINAL JUSTICE)

ASSIGNMENT DATE : 14 AUGUST 2023

ASSESSMENT TYPE : ASSIGNMENT

(ONLINE QUIZ OR ASSIGNMENT)

ONLINE QUIZ DURATION

(IN MINUTES) :

TOTAL MARKS : 50

PAGES : 5

ADDENDA : NONE

LECTURER : 1. MR T SEGANO

MODERATOR : 1. ADV. H DU TOIT

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JCC 102/2002 AUG 2023 ASSIGNMENT 2

READ THE FOLLOWING SET OF FACTS. ALL THE QUESTIONS, IN THIS QUESTION
PAPER, ARE BASED ON THIS SET OF FACTS.

SET OF FACTS:

Enzo Matroos is accused of murdering his wife, Laverne Matroos. The post
mortemexamination reveals that she has been stabbed several times with a knife. Further
examination of the wounds indicates that the knife had to have a jagged edge and that it
most probably had to be a hunting knife. The police investigators investigate the murder
scene, which happen to be the bedroom at the matrimonial home of the accused and the
deceased, but found no trace of any knife. They however find a lot of blood on the scene
and take samples thereof for analysis. They also find that Laverne’s hands had been tied
to the bed with a red rope at the time of her death. The police further find a handwritten
note next to the bed, which note contains the words “You deserve to be dead!”

Enzo denies that he has murdered his wife. He claims to have been out of town at the
time of her death. He states that he does not even own a hunting knife. He consults with
a good criminal law-attorney and the attorney decides to represent him in the upcoming
murder trial.

The police decide to set a trap for Enzo. A policeman contacts him and purports to be a
collector of hunting knives. He states that he has learned that Enzo is also an avid admirer
of hunting knives. Enzo agrees to meet with this policeman and, during their discussions,
Enzo admits to be an admirer of hunting knives. He tells the policeman that he owns a
very valuable hunting knife with a jagged edge and that he actually wants to build up a
collection of such knives. Thereafter, the policeman reveals who he really is and
proceeds to search Enzo’s vehicle. He finds a knife under some boxes in the boot of the
vehicle, and tells Enzo that the evidence will be used as evidence against him during the
upcoming trial for murder. The policeman takes the knife with him and further informs
Enzo that the said knife will be used as an exhibit during the upcoming trial.

The trial eventually starts and both the prosecutor and attorney for the accused make
opening statements. Thereafter, the following document is handed to the magistrate:

ADMISSIONS IN TERMS OF SECTION 220 OF ACT 51 OF 1977

1. That the deceased is Laverne Matroos, as mentioned in the Charge Sheet;

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2. That the deceased died on 1 January 2017 as a result of sharp force trauma to her
chest, which she sustained on 1 January 2017 at/near Port Elizabeth in the district
of Port Elizabeth;
3. That the body of the deceased sustained no further injuries from the time on which
the wounds were inflicted on 1 January 2017 until a post mortem examination was
conducted thereupon;
4. That the photographs, marked “Exhibit 1”, are photographs of the deceased, taken
at the time when the post mortem examination was conducted; and
5. That the photographs and sketch plan, marked “Exhibit 2”, depict the scene of the
murder of the deceased.

It appears that Enzo and Laverne were both members of the local tennis club. The
prosecution calls the janitor of the tennis club, who testifies that, on one occasion, Enzo
has accidentally left his personal locker open. As the janitor went to close the locker, he
noticed a hunting knife with a jagged edge inside the locker. He further testifies that he is
sure that the particular locker belongs to Enzo, as he (the janitor) is very familiar with the
locker room and knows which lockers belong to whom. He further testifies that the number
of the locker is 111. Enzo’s attorney questions the janitor with regards to his knowledge of
the number of the locker and states the following, “My client will testify that his locker
number is in fact 211, which is in the row behind locker 111.” The janitor maintains that he
noticed the knife in Enzo’s locker, but also states that he might have noticed the knife in
locker 211, which is not Enzo’s locker. The court admits the knife as evidence and it is
shown to the janitor. He states the following, “This looks exactly like the knife that I have
seen in Mr Matroos’s locker.”

The prosecution calls another witness, Johnny Baskiti, who testifies that he was aware that
there were serious marital problems between Enzo and Laverne and that Laverne wanted
to divorce Enzo. Johnny further testifies that Laverne has told him (Johnny) that Enzo has
confronted her one night and assaulted her because he found out that she wanted to
divorce him. He also testifies that she told him (Johnny) that, during that confrontation,
Enzo tied her hands to the bed with a rope and said that he will only free her if she
promised not to divorce him. Johnny concludes his testimony by saying the following, “I
therefore really believe that Enzo murdered his wife.”

The prosecution calls a third witness, Sylvia Dair, who testifies that she had an extra-
marital affair with Enzo. According to her, Enzo had a very bad temper and frequently
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assaulted her. She further testifies that, on one occasion when they secretly went away for
a weekend, Enzo had tied her hands to the bed with a white rope and told her how much
he wants to marry her. He even stated that he would “do anything and everything” to be
with her (Sylvia). Upon Sylvia telling him that he is getting too serious, he brandished a
knife, which appeared to be a hunting knife, and forced Sylvia to say that she will marry
him.

Later during the trial, when Enzo testifies, he appears to be very nervous and evasive in
answering some questions. He denies that he murdered his wife. He says the following, “I
have already stated to the police that I was not even in town when Laverne had been
killed.”
When the prosecutor confronts him with the testimony of Sylvia Dair, he states, “I am not a
bad person at all. She (Sylvia) made me look like a bad person. She has the tendency to
do that to people. I am a very loving person who cared for my wife. I would never hurt
anyone. I have in fact never hurt anyone. I am a good person.”

(based on the 1985 movie “Jagged Edge”)

QUESTION 1
State the process of a criminal trial from the beginning to the end, up until an accused is
sentenced. (15)

QUESTION 2
2.1 Identify the two types of bail. (2)
2.2 Identify and describe when bail for an accused can be cancelled. (13)

QUESTION 3
Describe the procedure that must be followed and the evidence that must be put forward
when Enzo is making an application for bail. (5)

QUESTION 4
With reference to specific sections of the Criminal Procedure Act, discuss the procedure
that
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takes place after arrest. (5)

QUESTION 5

When the policeman identifies himself , he informs Enzo that he is placing him under arrest
for the murder of his wife Laverne. As Enzo gets out of the vehicle, he pushes the
policeman to the ground, kicks him in the stomach, and runs away from the scene. He
pulls out a knife from his jacket, screaming “ I will kill you pigs” as he flees. A policeman
approaching from the opposite direction trips him as he runs, Enzo screams in pain as he
falls to the ground grasping his leg. It is later discovered that Enzo fractured his leg as he
fell.

Has the police officer applied excessive force in securing Enzo’s arrest ? Discuss
(10)

[TOTAL MARKS: 50]