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TLI4801
TECHNIQUES IN TRIAL AND LITIGATION
ASSIGNMENT 2 MEMO
SEMESTER 1 – 2024 - UNISA
UNIQUE NUMBER: - 790475
DUE DATE: - 22 APRIL 2024
Includes Footnotes and/or Bibliography.
ASSIGNMENT PREVIEW
1. Mr. Z is arrested on charges of culpable homicide. The prosecutor avers that he was the driver of a motor
vehicle which on 15 December 2023 was involved in a motor vehicle collision with a pedestrian on Solomon
Mahlangu drive, Mamelodi, Pretoria. The state through the prosecutors, further avers that, Mr. Z knocked
down the pedestrian at a pedestrian crossing, causing his death. Mr. Z is a well-known businessman
running successful business enterprises in the area and at the time of the accident he was driving back
home from a year-end function with his regular driver, John S as a passenger. Mr. Z is represented by a
prominent criminal law Attorney, Lucky Stanza known for his aggressive and robust representation of his
clients. Lucky Stanza attends a conference at the prosecutor’s office however the investigating officer is
not invited to the conference. During the conference, Lucky Stanza makes misleading statements and
disclosures “without prejudice”.
QUESTIONS CONTINUE…
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Answer the following questions using proper references. Your entire assignment answer
(questions 1 (a)-(e)) must not exceed 15 pages.
1. Mr. Z is arrested on charges of culpable homicide. The prosecutor avers that he was the
driver of a motor vehicle which on 15 December 2023 was involved in a motor vehicle
collision with a pedestrian on Solomon Mahlangu drive, Mamelodi, Pretoria. The state
through the prosecutors, further avers that, Mr. Z knocked down the pedestrian at a
pedestrian crossing, causing his death. Mr. Z is a well-known businessman running
successful business enterprises in the area and at the time of the accident he was driving
back home from a year-end function with his regular driver, John S as a passenger. Mr. Z
is represented by a prominent criminal law Attorney, Lucky Stanza known for his
aggressive and robust representation of his clients. Lucky Stanza attends a conference at
the prosecutor’s office however the investigating officer is not invited to the conference.
During the conference, Lucky Stanza makes misleading statements and disclosures
“without prejudice”.
(a) Discuss the rules of etiquette regarding the relationships between defence attorneys,
prosecutors and investigating officers. (7)
(b) Suppose Mr. Z informs Lucky Stanza that he discussed the issue with John S and the
latter wants to accept responsibility for the incident and to indicate that he was the driver
of the vehicle at the time of the accident and not Mr. Z and therefore that John S is willing
to plead guilty so as to protect Mr. Z. Discuss the advice Lucky Stanza will furnish Mr. Z in
this instance. (7)
(c) Critically discuss the type of information Lucky Stanza should avoid when drafting Mr.
Z’s plea explanation. (3)
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