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TLI 4801 ASSIGNMENT 02 SEMESTER 02:100% PASS

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TLI4801 Assignment 2 Solutions For Semester 2 (2022) UNIQUE NUMBER . QUESTION AND ANSWER. Detailed answer are given using past and current tutorial and the prescribed Book to answer: Litigation Skills for South African Lawyers!100% PASS

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  • August 12, 2022
  • 6
  • 2022/2023
  • Other
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UNIQUE NUMBER: 183504 QUESTIONS
1. F is arrested on a charge of arson. He was seen by witnesses setting fire to an
office building. The building burnt down and extensive property was damaged
as a result of the fire. Fortunately, staff were evacuated in time, and no one was
injured. F was arrested by the police. He thereupon phones his attorney T from
the police holding cells and says to her: “I have been arrested, get me out of
jail.”
(a) Critically discuss whether prosecutorial bail may be applied for the release of
the accused, F in this instance?
It should be noted that arson refers to the unlawful and negligent setting of fire to
property resulting in the destruction of said property. A Director of Public
Prosecutions (hereinafter, “DPP”) or a prosecutor authorized in writing by a DPP
may in respect of offences referred to in Schedule 7 and in consultation with the
police investigating officer, authorize the release of an accused on bail in terms of
section 59A(1) of the Criminal Procedure Act 51 of 1977 (hereinafter, “CPA”).
Section 59A (1) of the CPA allows the prosecutor to authorize the release of an
accused person on bail for any of the following offences listed in Schedule 7 of the
Act:
 Public violence;
 Culpable homicide;
 Bestiality;
 Assault involving the infliction of grievous bodily harm;
 Arson;
 Housebreaking, whether under the common law or a statutory provision, with
intent to commit an offence;
 Malicious injury to property;
 Robbery, other than a robbery with aggravating circumstances, if the amount
involved in the offence does not exceed R20 000,00;
 Theft and any other offence referred to in section 264(1)(a),(b) and (c), if the
amount involved does not exceed R20 000,00;
 Any offence in terms of any law relating to the illicit possession of dependence
producing drugs;

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