ADMIN
[COMPANY NAME]
, D is arrested on a charge of murder. He was seen by eye- witnesses
stabbing the deceased in an altercation, and thereafter fleeing the
scene. D was arrested by the police at his house. He thereupon
phones his attorney BX from the police holding cells and says to
him: “I have been arrested, please get me out of jail.” Critically
discuss whether prosecutorial bail may be applied for the release of
the accused, D in this instance. (5) Source: Maharaj, A. Confident
Criminal Litigation (2010) Chapter 1: Arrest and Bail 2. A defence
lawyer Mr. Danny Cane realises that his client’s plea of guilty in
terms of section 112 of the Criminal Procedure Act, 1977 is
incorrect because it does not contain a valid defence to the charge of
theft. Discuss whether Mr. Cane can correct his client’s plea. (5) 3.
Discuss whether the credibility of a witness will influence a section
174 discharge application in terms of the Criminal Procedure Act,
1977. (5) TLI4801/102/2/2024 5 Source for questions 2-3: Maharaj
A. Confident Criminal Litigation (2010) Chapter 1: The Trial 4. A
defence lawyer consults with his client in the presence of supporting
defence witnesses. Discuss the impact of the cautionary rule on this
consultation process. (5) Source: J Engelbrecht, Morris Technique
in Litigation (2010) Chapter 19/Criminal cases 5. Your client,
Assault Masina is arrested on a charge of assault with the intention
to do grievous bodily harm (GBH). He advises you that he is not
guilty. The evidence against your client is that he was seen by
witnesses assaulting the victim, Jules Kat with a knobkerrie. The
incident took place on the 30 June 2024 near Mamelodi East,
Pretoria in the Regional Division of North Gauteng. The victim was
hospitalised as a result of his injuries. Your client instructs you, his
attorney, to tender a plea of not guilty on his behalf. Draft your
