[Date]
TLI4801
Assignment 2
Semester 2 2024
(658416) - DUE 17
September 2024
QUESTIONS WITH COMPLETE ANSWERS
, TLI4801 Assignment 2 Semester 2 2024 (658416) - DUE 17 September
2024
D is arrested on a charge of murder. He was seen by eye- witnesses
stabbing the deceased in an altercation, and thereafter fleeing the scene. D
was arrested by the police at his house. He thereupon phones his attorney
BX from the police holding cells and says to him: “I have been arrested,
please get me out of jail.” Critically discuss whether prosecutorial bail may
be applied for the release of the accused, D in this instance. (5) Source:
Maharaj, A. Confident Criminal Litigation (2010) Chapter
1: Arrest and Bail
2. A defence lawyer Mr. Danny Cane realises that his client’s plea of guilty
in terms of section 112 of the Criminal Procedure Act, 1977 is incorrect
because it does not contain a valid defence to the charge of theft. Discuss
whether Mr. Cane can correct his client’s plea. (5)
3. Discuss whether the credibility of a witness will influence a section 174
discharge application in terms of the Criminal Procedure Act, 1977. (5)
TLI4801/102/2/2024 5 Source for questions 2-3: Maharaj A. Confident
Criminal Litigation (2010) Chapter 1: The Trial
4. A defence lawyer consults with his client in the presence of supporting
defence witnesses. Discuss the impact of the cautionary rule on this
consultation process. (5) Source: J Engelbrecht, Morris Technique in
Litigation (2010) Chapter 19/Criminal cases
TLI4801
Assignment 2
Semester 2 2024
(658416) - DUE 17
September 2024
QUESTIONS WITH COMPLETE ANSWERS
, TLI4801 Assignment 2 Semester 2 2024 (658416) - DUE 17 September
2024
D is arrested on a charge of murder. He was seen by eye- witnesses
stabbing the deceased in an altercation, and thereafter fleeing the scene. D
was arrested by the police at his house. He thereupon phones his attorney
BX from the police holding cells and says to him: “I have been arrested,
please get me out of jail.” Critically discuss whether prosecutorial bail may
be applied for the release of the accused, D in this instance. (5) Source:
Maharaj, A. Confident Criminal Litigation (2010) Chapter
1: Arrest and Bail
2. A defence lawyer Mr. Danny Cane realises that his client’s plea of guilty
in terms of section 112 of the Criminal Procedure Act, 1977 is incorrect
because it does not contain a valid defence to the charge of theft. Discuss
whether Mr. Cane can correct his client’s plea. (5)
3. Discuss whether the credibility of a witness will influence a section 174
discharge application in terms of the Criminal Procedure Act, 1977. (5)
TLI4801/102/2/2024 5 Source for questions 2-3: Maharaj A. Confident
Criminal Litigation (2010) Chapter 1: The Trial
4. A defence lawyer consults with his client in the presence of supporting
defence witnesses. Discuss the impact of the cautionary rule on this
consultation process. (5) Source: J Engelbrecht, Morris Technique in
Litigation (2010) Chapter 19/Criminal cases
