Exam (elaborations)
TLI4801 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 (658416) - DUE 17 September 2024
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- University Of South Africa
TLI4801 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 (658416) - DUE 17 September 2024
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, 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
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