TLI4801 ASSIGNMENT 2 MEMO 2021 SUPER SEMESTER

TLI4801 ASSIGNMENT 2 MEMO 2021 SUPER SEMESTER 1. Y is arrested on a charge of murder. He was seen by eye- witnesses stabbing the deceased in an altercation, and thereafter fleeing the scene. Y was arrested by the police at his house. He thereupon phones his attorney Z 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, Y in this instance. (5) Source: Maharaj, A. Confident Criminal Litigation (2010) Chapter 1: Arrest and Bail 2. A defence lawyer Mr Jon Cleverson realises that his client’s plea of guilty in terms of section 112 of the Criminal Procedure Act, 51 of 1977 is incorrect because it does not contain a valid defence to the charge of theft. Discuss whether Mr Cleverson 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, 51 of 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) Source: J Engelbrecht, Morris Technique in Litigation (2010) Chapter 19/Criminal cases 5. Your client, Violent Masinga 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, Stevens with a knobkierrie. The incident took place on the 12 March 2021 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) Note: In your answers, you may make up facts to supplement the given facts provided that your own rendition does not detract from the core issues. Source: Maharaj, A. Confident Criminal Litigation (2010) Chapter 1: The Trial [30]