SEMESTER 2 - 2023
UNIQUE NUMBER: 705030
DUE DATE: 09 SEPTEMBER 2023
, ASSIGNMENT 2
UNIQUE NUMBER: 705030
CLOSING DATE: 09 SEPTEMBER 2023
MARKS: 30
Answer the following questions using proper references. Your entire assignment answer
(questions 1 (a)-(e)) must not exceed 15 pages.
1. 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)
RULES OF ETIQUETTE
The rules are as follows:
Conferences take place at the offices of prosecutors.
Investigating officers must be present at such conferences/meetings to fulfil the role
of instructing attorneys; they must be treated with courtesy; ensure that the
discussion is off the record or without prejudice; they can be used as witnesses in
the trial.
Some disclosures cannot be made without prejudice so defence attorneys must be
on their guard.
Care and caution must be exercised with regards to a plea and sentence agreement
and misleading statements should not be made.
You need to be careful and maintain your objectivity and composure against your
opponent in a criminal trial and avoid emotional outbursts.
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