Exam (elaborations)TLI4801 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 (658416) - DUE 17 September 2024
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Course
Techniques in trial and litigation (TLI4801)
Institution
University Of South Africa (Unisa)
TLI4801 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 (658416) - DUE 17 September 2024 Complete question and answers. Guranteed distinction, 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 arre...
, 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)
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)
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. (10)
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