TLI4801
Assignment 2
Semester 2 2024
(658416) - DUE
17 September
2024
QUESTIONS AND ANSWERS
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, TLI4801 Assignment 2 Semester 2 2024 (658416) - DUE 17 September 2024
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 client’s plea of not guilty in
terms of the relevant section of the Criminal Procedure Act 51 of 1977.
Question 1: Prosecutorial Bail for D
Prosecutorial bail, as outlined in the Criminal Procedure Act 51 of 1977, refers to
bail granted by the prosecutor before the first court appearance. However, in
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