and answers]
Assignment 02 – Semester 1
16 April 2026 265695
Answer the following questions using proper references in footnotes. Your entire
assignment answer (questions 1-4) must not exceed 15 pages.
1. Allan Fuse is arrested on a charge of arson. He was seen by witnesses setting
fire to an office building in the Johannesburg CBD. The building burnt down,
and extensive property was damaged because of the fire. Fortunately, staff
were evacuated in time, and no one was injured. After his arrest, Mr. Fuse
phones his attorney, Mr. Brut Hum, from the police holding cells and says to
him: “I have been arrested, get me out of jail.”
(a) Critically discuss whether prosecutorial bail may be applied for the
release of the accused, Allan Fuse in this instance. (5)
(b) Discuss the factors/grounds which a court must consider before
releasing an accused on bail. (5)
[10]
Source: Maharaj, A. Confident Criminal
Litigation (2010) Chapter 1: Arrest and
Bail
(c) Discuss the impact of the sentence agreement in terms of section 105
A of the Criminal Procedure Act, 1977. (6)
(d) Discuss the circumstances when an application for separation of trials
can be made. (4)
[10]