TLI4801 Assignment 2 Due 17 September 2024 (Detailed solution)
9 views 0 purchase
Course
Techniques in Trial and Litigation
Institution
University Of South Africa
Book
Elements of Trial Practice
Featuring well-organized sections and illustrative examples, this document caters to various learning styles, making it accessible to a wide range of students.
TLI4801 October/November Exam 2024 - DUE 22 October 2024
TLI4801 Assignment 2 Semester 2 2024 (Unique No. 658416) - DUE 17 September 2024 ;100 % TRUSTED workings, Expert Solved, Explanations and Solutions.
TLI4801 Assignment 2 Semester 2 2024 (658416) - DUE 17 September 2024
All for this textbook (13)
Written for
University of South Africa
Techniques in Trial and Litigation
All documents for this subject (44)
Seller
Follow
GeniusGears
Reviews received
Content preview
TLI4801
Assignment 02
DUE:17 September 2024
Unique No:658416
, 1. Prosecutorial Bail for D
Prosecutorial bail is usually applied for by the legal counsel of the accused, and not
the prosecution as it would seem in the title. In most of the jurisdiction in South
Africa, bail is usually solicited by the defense in terms of a Section 60 of the Criminal
Procedure Act 51 of 1977. Therefore, with this regard, given the fact that D faces the
charge of murder and the fact that was witnessed stabbing the deceased, the
prosecution will contend that D is likely to flee from the court or act as a danger to
the society thus might affect the outcome on whether he will be either granted or
denied bail. Any application for bail under such circumstances would have to
address these concerns and demonstrate grounds as to why D should still be given
bail despite how serious the charges preferred against him or her may be (Maharaj,
2010).
Reference: Maharaj, A. 2010. Confident Criminal Litigation. Chapter 1: Arrest and
Bail.
2. Amending a Plea of Guilty
Discussion: Section 112 of the Criminal Procedure Act, 1977, stipulates that a plea
of guilty has to be taken with a valid defense as to the charge. In the event that Mr.
Danny Cane finds out that his client failed to give a valid defense in respect to the
plea, he will be under obligation to rectify the plea. This generally involve
withdrawing the plea by the court and entering not guilty, where the court has not
already accepted since such an error typically brings up the plea to not a valid plea.
Here, Mr. Cane should take the initiative of acting fast so that the plea could be
corrected adequately to cater to the interests of his clients.
Reference: Maharaj, A. (2010). Confident Criminal Litigation. Chapter 1: The Trial.
3. The impact of credibility of witnesses on section 174 Discharge
Discussion: Section 174 of the Criminal Procedure Act, 1977, provides for discharge
if the proofs of the prosecution cannot justify the conviction. The importance of the
credibility of witnesses takes significance in this aspect. The application for a
discharge under Section 174 will succeed if the evidence of the prosecution's
witnesses is discredited or shown to be contradictory. The court takes into account
the quality and credibility of the evidence in determining whether it is strong enough
to stand up to the charge that the accused faces (Maharaj, 2010).
Reference: Maharaj, A. 2010. Confident Criminal Litigation. Chapter 1: The Trial.
4. The Implications of the Cautionary Rule for Consultation with Defence
Witnesses
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller GeniusGears. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $2.76. You're not tied to anything after your purchase.
