Description
CPR3701 Assignment 1 Semester 2 Memo | Due 27 August 2025. All questions fully answered. Three assailants, A, B and C are engaged in an armed robbery at one of the jewellery stores in the
newly-built Mall For All shopping centre. During the ensuing fracas, a firefight ensues as the security
guards employed by the shopping centre attempt to foil the robbery. F, one of the security guards,
orders A, who is cornered inside the store to surrender. However, A responds by running out of the
jewellery store towards an opposite exit of the shopping centre. Still in hot pursuit, F issues three
instructions to A to stop, but A continues running away in the opposite direction. F thereupon takes out
his firearm, and shoots at A (who, at this point is about 10 metres away from F), hitting him on his left
shoulder. A is, thereupon apprehended by F. Meanwhile, B and C make away with an undisclosed
amount in fine jewellery and cash.
1. “In terms of s 35(1)(d)(i) of the Constitution and section 50(1)(d) of the CPA, everyone who is
arrested for allegedly committing an offence has the right to be brought before a court as soon as
reasonably possible, but not later than 48 hours after the arrest” After A’s arrest, he is placed in
hospital where he is recuperating from his injuries. He is only made to appear in court ten weeks
after his initial arrest. Upon his first appearance in court, A instructs his attorney L, to apply for
the case to be ‘struck off the roll’ on the grounds that his Constitutional right to appear before
court within 48 hours has been violated. Critically evaluate and discuss the merits of A’s
contention.
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