TLI4801 - Techniques in Trial and Litigation Assignment

TLI4801 - Techniques in Trial and Litigation Assignment Question 1 1. Violent will be charged with a Schedule 5 offence Which is: - Attempted Murder involving grievous bodily harm - Culpable homicide - Assault - Rape 2. Bail Application in terms of Section 60(11) of the Criminal procedure Act 51 of 1977 Section 60(11) of the Criminal procedure act provides is not withstanding any provision of this Act, Where an accused is charged with and offense referred to – a) In Schedule 6, the court shall order that the accused be detained in custody until he or she is dealt with in accordance with the law, unless the accused, having been given a reasonable opportunity to do so, adduces evidence which satisfies the court that exceptional circumstances exist which in the interests of justice permit his or her release; b) in Schedule 5, but not in Schedule 6, the court shall order that the accused be detained in custody until he or she is dealt with in accordance with the law, unless the accused, having been given a reasonable opportunity to do so, adduces evidence which satisfies the court that the interests of justice permit his or her release The legislation indicates that on certain circumstances the onus will be on the accused during the bail application. The crime committed will need to be identified first, whether it would be a schedule 5 or 6 offence. For a schedule 6 offences, the accused has to adduce evidence to satisfy the court that exceptional circumstances exist for the court to permit his release on bail. For schedule 5 offences, the accused has to adduce evidence to satisfy the court of his release. The Witness reports on the case all points to the accused (violent) being the one responsible for the death of the victim (Victim skepsel), he has been arrested by the police for the crime. 1 | P a g eIN THE REGIONAL COURT FOR THE REGIONAL COURT OF GAUTENG HELD AT PRETORIA In the matter between: THE STATE Vs Violent Mashaya STATEMENT IN TERMS OF THE PROVISIONS OF SECTION 60(11) OF THE CRIMINAL PROCEDURE ACT, 51 OF 1977 Do hereby make oath and state: 1. I am an adult male and a South African citizen with identity number 47087. 2. I am the Applicant in this application in which I seek relief from this Honorable Court to be released on bail. I respectfully submit, as I will demonstrate herein, that the interests of justice permit my release on bail. In any event, the dictates of fairness and justice in view of the peculiar facts herein warrant that I should not be deprived of my liberty and that I should be released on bail 3. I make this affidavit of my own free will and have not in any way been unduly influenced to depose thereto. 4. The facts herein contained, save where expressly indicated to the contrary, are within my personal knowledge and belief, and are both true and correct 2 | P a g eAD APPLICATION IN TERMS OF SECTION 60(11) OF ACT 51 OF 1977 (“The Act”) 5. The purpose of this affidavit is to provide the above Honorable Court with my personal circumstances and to address the allegations levelled against me (in so far as they are known to me), as well as to address the factors to be considered by the above Honorable Court as contained in Sections 60(4) to 60(9) of the Act 6. I have been advised and I understand that I bear the burden to show that the interests of justice permit my release and that I am obliged to initiate this application. I did not in any way intent to kill the victim and due to a mistake that the circumstances occurred and wish to be excused on the charge of attempted murder involving grievous bodily harm. Personal Circumstances 7. I am a Commercial Manager by profession and I reside at 587 Eva Brooks Estate, Mondeo drive, Equestria, Pretoria 8. I was born 23 December 1987 at Limpopo Ga-Mashashane, I have resided in the republic of South Africa all my life. I do travel for business but usually within the Country. I regard South Africa as my home and I have no intention to relocate. 9. I have immovable property in which I currently reside at 587 Eva Brooks estate in Equestria, the property is valued at R2.8 Million 10. I have another property in Limpopo as 66 London street, Ga-Mashashane which my grandmother has left for me, the property is valued at R500 000. 11. I have movable assets made up of household furniture, two motor Vehicles and jewellery, which valued in excess of R950 000. 12. All my family reside in South Africa. 3 | P a g e13. I have a previous conviction of attempted, but I have since gone to rehab and was given assistance with my anger problems. There are no outstanding cases other than the present, being investigated against me by the South African Police service. Merits 14. My legal representatives have explained the provisions of Section 60(11) of the Act to me. 15. I have been informed that I am accused of having committed the offence of attempted murder involving grievous bodily harm. I deny the aforesaid allegation in the strongest terms 16. On the 12 of March 2015 I Violent Mashaya attended a party in Mamelodi west with two of my friends Skunky and coward as we usually do on weekends. 16.1. 16.2. 16.3. I and my friends were minding my own business when I saw Victim skepsel with my girlfriend at the time Poppy floozy. I approached her surprised that she was at the same place that I was It was already late and I asked Poppy floozy to come with me, but before she could answer Victim Skepsel answered on her behalf, this made me angry because I did not understand what was happening at the time. 16.4. Victim skepsel was very drunk, and tried to get in between me and my girlfriend while I was going home, he wanted to fight me and I avoided his insults as we were walking away. 16.5. I became rather angry at this moment and told Victim to Kindly move out of our way, this is when Victim grabbed a chair with the aim to hit me with it. 16.6. He kept on threatening me that he would hit me with the chair if I did not leave my girlfriend alone he was going to hit me with the chair 16.7. He began hitting me with the chair aggressively, I defended myself with a similar chair that Victim used, 16.8. At this moment a huge crowd of people came in between us to try and stop the fight, including my girlfriend Poppy floozy. 4 | P a g e16.9. In the event that everyone came between us to try and stop the fight, we all fell to the floor.