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TLI4801
Techniques In trial and litigation
ASSIGNMENT 2
MEMO
SEMESTER 2 – 2024 - UNISA
UNIQUE NUMBER: - 658416
DUE DATE: - 17 SEPTEMBER 2024
Includes Footnotes and/or Bibliography.
ASSIGNMENT PREVIEW
1. 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)
Questions continue…
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, Assignment 02
Semester 2
Answer the following questions, using proper references. Your entire assignment
answer must not exceed 15 pages.
1. 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)
