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TLI4801
Assignment 2
Semester 1
Student number
Due date: 20 April 2023
Questions Answered
Mr Danny Crane is a reputable defence attorney. His client is known as Lady
Diamond, a filthy rich South African rock star with her own private plane and
real estate all over the world. Lady Diamond was arrested on a charge of
malicious injury to property. It is alleged that she hosted a wild party in her
suite in a five-star hotel during which damage to the value of R 500 000 was
inflicted to hotel property.
As her legal representative, Mr Danny Crane attends a conference at the
prosecutor’s office. The investigating officer is not invited to the conference.
During the conference, Mr Crane 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 Lady Diamond informs Mr Danny Crane that it was her boyfriend
who inflicted the damage to the property but that she wants to accept
responsibility for her husband’s conduct and plead guilty. Discuss the advice
Mr Danny Crane will furnish Lady Diamond in this instance. (7)
(c) Critically discuss the type of information Mr Danny Crane should avoid
when drafting Lady Diamond’s plea explanation. (3)
(d) Discuss the procedure regarding the assembling of evidence in a criminal
trial. (6)
(e) Suppose Lady Diamond applies to be released on bail. Advise the presiding
judicial officer as to the relevant factors to be considered when entertaining
Lady Diamond’s request for release on bail and, if so, the conditions attached
thereto. You must refer to relevant case law in your answer. (7)
TLI4801
Assignment 2
Semester 1
Student number
Due date: 20 April 2023
Questions Answered
Mr Danny Crane is a reputable defence attorney. His client is known as Lady
Diamond, a filthy rich South African rock star with her own private plane and
real estate all over the world. Lady Diamond was arrested on a charge of
malicious injury to property. It is alleged that she hosted a wild party in her
suite in a five-star hotel during which damage to the value of R 500 000 was
inflicted to hotel property.
As her legal representative, Mr Danny Crane attends a conference at the
prosecutor’s office. The investigating officer is not invited to the conference.
During the conference, Mr Crane 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 Lady Diamond informs Mr Danny Crane that it was her boyfriend
who inflicted the damage to the property but that she wants to accept
responsibility for her husband’s conduct and plead guilty. Discuss the advice
Mr Danny Crane will furnish Lady Diamond in this instance. (7)
(c) Critically discuss the type of information Mr Danny Crane should avoid
when drafting Lady Diamond’s plea explanation. (3)
(d) Discuss the procedure regarding the assembling of evidence in a criminal
trial. (6)
(e) Suppose Lady Diamond applies to be released on bail. Advise the presiding
judicial officer as to the relevant factors to be considered when entertaining
Lady Diamond’s request for release on bail and, if so, the conditions attached
thereto. You must refer to relevant case law in your answer. (7)
