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TLI4801 Assignment 2 (DETAILED ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED

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TLI4801 Assignment 2 (DETAILED ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references , ... Answer the following questions using proper references in footnotes. Your entire assignment answer (questions 1 (a)-(c)) must not exceed 15 pages. 1. You are an attorney appearing for Maks Diesel who is charged in the Pretoria Magistrates’ Court with the offence of assault with the intention to do grievous bodily harm. Your instructions from your client are that he wants to plead not guilty to the charge. (a) Draft his statement that will make up his plea. You must include all headings and conclusions. Make use of your own facts and any information you may deem necessary for the statement to be accepted by the court. (15) (b) Critically discuss the type of information you should avoid when drafting Mr. Diesel’s plea explanation. (5) (c) Suppose Mr. Diesel applies to be released on bail. Please advise your client as to the relevant factors that the presiding officer will consider when entertaining the request for release on bail and, if so, the conditions that may be attached as well. You must refer to relevant case law in your answer. (5) 3. Discuss why it is necessary for the lawyer to ascertain any statements or admissions which an accused might have made to the police upon arrest. (2) 4. The lawyer is required to “prepare” defence witnesses for a forthcoming trial. Discuss some of the most important aspects of the process which the lawyer must familiarise the witnesses with. (3)

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TLI4801
Assignment 2 Semester 2 2025
Unique #:642721

Due Date: 17 September 2025

Detailed solutions, explanations, workings
and references.

+27 81 278 3372

, QUESTION 1

a.

IN THE MAGISTRATE’S COURT FOR THE DISTRICT OF TSHWANE-NORTH
HELD AT PRETORIA

Case No: 0001/2025

In the matter between:
THE STATE
and
MAKS DIESEL



STATEMENT IN TERMS OF SECTION 115 OF THE CRIMINAL PROCEDURE
ACT 51 OF 1977

I, the undersigned, Maks Diesel, hereby confirm that I am the accused in the above
matter. I formally plead not guilty to the charge of assault with the intent to do
grievous bodily harm.

1. Explanation of Plea

1.1. On 10 May 2025, I was present at Greenfield Park, 45 Alwyn Street,
Pretoria, where I attended a community soccer match.
1.2. I became involved in a verbal disagreement with the complainant, Mr.
Sipho Majola, who accused me of parking too close to his vehicle
1.3. During the argument, Mr. Majola advanced towards me in an
aggressive and threatening manner, shouting profanities and pushing
me in the chest.
1.4. In response to the perceived threat, I raised my arms defensively to
protect myself, but at no point did I strike or intend to cause harm to the
complainant.
1.5. I deny that I assaulted Mr. Majola, and I specifically deny having any
intention to cause grievous bodily harm. Any contact that may have
occurred was accidental or in self-defense.
2. Admissions in terms of Section 220 of the Criminal Procedure Act
2.1. I admit that a verbal altercation took place on 10 May 2025 between
myself and the complainant.
2.2. I further admit that the complainant has alleged that I caused him
physical injury during the said incident.



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