[Date]
TLI4801 Assignment 2
Semester 2 2024
(658416) - DUE 17
September 2024
QUESTIONS AND ANSWERS
, TLI4801 Assignment 2 Semester 2 2024 (658416) - DUE 17 September
2024
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) 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, 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.
### Question 1: Prosecutorial Bail
TLI4801 Assignment 2
Semester 2 2024
(658416) - DUE 17
September 2024
QUESTIONS AND ANSWERS
, TLI4801 Assignment 2 Semester 2 2024 (658416) - DUE 17 September
2024
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) 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, 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.
### Question 1: Prosecutorial Bail
