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TLI4801 Assignment 2 Semester 1 2024 (790475) - DUE 22 April 2024

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TLI4801 ASSIGNMENT 2
SEMESTER 1 2024
(790475) - DUE 22 APRIL
2024




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, TLI4801 Assignment 2 Semester 1 2024 (790475) - DUE 22
April 2024

1. Mr. Z is arrested on charges of culpable homicide. The prosecutor avers
that he was the driver of a motor vehicle which on 15 December 2023 was
involved in a motor vehicle collision with a pedestrian on Solomon Mahlangu
drive, Mamelodi, Pretoria. The state through the prosecutors, further avers
that, Mr. Z knocked down the pedestrian at a pedestrian crossing, causing his
death. Mr. Z is a well-known businessman running successful business
enterprises in the area and at the time of the accident he was driving back
home from a year-end function with his regular driver, John S as a passenger.
Mr. Z is represented by a prominent criminal law Attorney, Lucky Stanza
known for his aggressive and robust representation of his clients. Lucky
Stanza attends a conference at the prosecutor’s office however the
investigating officer is not invited to the conference. During the conference,
Lucky Stanza makes misleading statements and disclosures “without
prejudice”.
(a) Discuss the rules of etiquette regarding the relationships between defence
attorneys, prosecutors and investigating officers. (7)
(b) Suppose Mr. Z informs Lucky Stanza that he discussed the issue with John
S and the latter wants to accept responsibility for the incident and to indicate
that he was the driver of the vehicle at the time of the accident and not Mr. Z
and therefore that John S is willing to plead guilty so as to protect Mr. Z.
Discuss the advice Lucky Stanza will furnish Mr. Z in this instance. (7)
(c) Critically discuss the type of information Lucky Stanza should avoid when
drafting Mr. Z’s plea explanation. (3)
(d) Discuss the procedure regarding the assembling of evidence in a criminal
trial. (6)
(e) Suppose Mr. Z applies to be released on bail. Advise the presiding judicial
officer as to the relevant factors to be considered when entertaining Mr. Z’s

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