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TLI4801 Assignment 2 Semester 2 2024 (Unique No. 658416) - DUE 17 September 2024 ;100 % TRUSTED workings, Expert Solved, Explanations and Solutions.

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TLI4801 Assignment 2 Semester 2 2024 (Unique No. 658416) - DUE 17 September 2024 ;100 % TRUSTED workings, Expert Solved, Explanations and Solutions. Assignment 02 – Semester 2 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) 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. (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]

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TLI4801

Assignment 2 Semester 2 2024

(658416) - DUE 17 September 2024

, TLI4801 Assignment 2 2024

1. Prosecutorial Bail for D:

In D's situation, where he was arrested for murder after being seen stabbing the
deceased and fleeing the scene, we must consider if he can be released on
prosecutorial bail. Prosecutorial bail is when the prosecutor, not the court, grants bail to
the accused. However, this type of bail is generally only considered for less serious
offenses. Since D is charged with murder, which is a very serious crime, prosecutorial
bail is not likely to be an option. In murder cases, bail is usually granted by a court after
a thorough hearing, where the court considers the severity of the crime, the likelihood of
the accused fleeing, and whether they pose a danger to the public. Therefore, in this
case, D would need to apply for bail through the court, and the chances of getting bail
directly from the prosecutor are slim.

Source: Maharaj, A. Confident Criminal Litigation (2010), Chapter 1: Arrest and Bail.




2. Correcting a Plea of Guilty:

Mr. Danny Cane, the defense lawyer, realizes that his client’s plea of guilty under
section 112 of the Criminal Procedure Act, 1977, doesn’t include a valid defense for the
charge of theft. Section 112 allows the court to ensure that a guilty plea is entered
voluntarily and with an understanding of the charges. If Mr. Cane recognizes that the
plea is based on a misunderstanding or an incorrect admission of guilt, he has the
responsibility to correct it. He can approach the court to change the plea by explaining
that it was made in error, especially if it was due to a lack of proper legal advice or
understanding. The court may allow the plea to be withdrawn and for the case to
proceed as if a not guilty plea was initially entered. This ensures that justice is served
and that the accused is not unfairly punished due to a procedural mistake.

Connected book
 image
Peter D. Polchinski Elements of Trial Practice
Publisher: 2012 ISBN: 9781933264691 Edition: Unknown

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