Assignment 02
Unique Number: 642721
Due 17 September 2025
,TLI4801
Assignment 2
Unique Number: 642721
17 September 2025
Question 1(a): Legal Representation for Maks Diesel – Draft of Plea Statement
Attorney's Submission in the Pretoria Magistrates’ Court
As legal counsel for Maks Diesel, I present a comprehensive plea statement in terms of
Section 112(1) of the Criminal Procedure Act 51 of 1977, crafted to lay the
foundation for a robust and principled defence. The core of this defense rests on lawful
self-defense, lack of intent, and procedural fairness, supported by legal precedent
and forensic reasoning that goes beyond the ordinary.
IN THE MAGISTRATE’S COURT FOR THE DISTRICT OF PRETORIA
HELD AT PRETORIA
CASE NO: [Insert Case Number]
In the matter between:
THE STATE
and
MAKS DIESEL
Accused
PLEA STATEMENT IN TERMS OF SECTION 112(1) OF THE CRIMINAL
PROCEDURE ACT 51 OF 1977
I, Maks Diesel, the accused in this matter, plead not guilty to the charge of assault
with intent to do grievous bodily harm as alleged in the charge sheet.
, Statement of Facts
On 15 July 2025, at approximately 20:00, I attended the Blue Moon Bar at 123 Main
Street, Pretoria, to meet a mutual acquaintance, John Smith, who had invited me to
discuss a potential business venture.
At approximately 21:30, an argument arose between myself and the complainant, Mr.
Peter Jones, centered on contentious details of the business proposal. The discussion
escalated verbally. However, I did not initiate any form of physical confrontation,
nor did I harbor any intention to harm Mr. Jones in any manner.
During this heated exchange, Mr. Jones acted aggressively, suddenly lunging toward
me with a broken glass bottle in his hand. I reasonably perceived this as an
imminent threat to my physical safety, especially given the sharp, weapon-like nature
of the object he wielded. Acting instinctively and in self-preservation, I pushed Mr.
Jones away in order to disarm or neutralize the immediate danger.
My response was defensive, not retaliatory. I used no excessive force, inflicted no
further physical harm once the danger was averted, and did not pursue or attack Mr.
Jones further. Instead, I remained at the premises and cooperated fully with law
enforcement upon their arrival, volunteering a statement consistent with the version
presented here.