Tobias and his partner, Zoe, are having an argument about his infidelity and lack of commitment
towards her. Zoe has told her friends in the past that Tobias has a violent streak and that he
assaults her often. As their argument reaches a climax, neighbours hear Zoe’s screams. They
run to her front door to see whether they can assist her, only to find the door wide open and Zoe
lying in a pool of blood. Upon closer inspection, it seems that she has been stabbed in the chest,
but fortunately not fatally injured. Tobias is nowhere to be seen. Two days later, the police found
Tobias hiding in his mother’s house. He is arrested then and there and charged with attempted
murder and assault with intent to do grievous bodily harm. Tobias has no income of his own
and is appointed a legal representative by the state.
1.1 What type of case is this? (1)
1.2 What are the differences between a civil and criminal case? (4)
1.3 During the arrest, Tobias is taken to a holding cell at the nearby police station. Tobias
refuses to talk to the police and insist that as an accused, he has certain rights in terms of the
Bill of Rights. Explain what ‘human rights’ are. Also identify two rights that may be
relevant to Tobias and briefly describe each of these. (5)
1.4 In preparation for Tobias’s case, his legal representative will consult authoritative and
nonauthoritative sources. List four authoritative and two non-authoritative sources that
his legal representative may consult in order to prepare for his case. (6)
, 1.5 Discuss how the legal representative should handle the information that Tobias shares with him.
What is the nature of the relationship between Tobias and his legal representative? (5)
1.6 Briefly describe three duties that Tobias’s legal representative has in terms of the Legal Practice
Council Code of Conduct. (3)
1.7 Tobias explains to his legal representative that he stabbed Zoe because she was taunting him
and that she told him that she is having a relationship with his brother. What factor may
be relevant in considering Tobias’s criminal capacity? (1)
[25]
QUESTION 2
2.1 Discuss the differences between state advocates and state prosecutors. (5)
2.2 Explain the differences between a judge and a magistrate. (5)
[10]
SECTION B
QUESTION 3
Xolisile is a social worker who is monitoring a divorce involving minor children. She is in
regular contact with the Family Advocate. The dispute has reached a stage where she is
convinced that mediation should be recommended. She communicates this recommendation to
the Family Advocate.
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 EFT, 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 this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller mulah11. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R60,00. You're not tied to anything after your purchase.
