Techniques in trial and litigation
TLI4801
Semester 2
ASSIGNMENT 02 2024
Answer the following questions, using proper references. Your entire assignment
answer must not exceed 15 pages.
1. 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.
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
5. Your client, Assault Masina is arrested on a charge of assault with the intention to do
grievous bodily harm (GBH). He advises you that he is not guilty. The evidence against your
client is that he was seen by witnesses assaulting the victim, Jules Kat with a knobkerrie. The
incident took place on the 30 June 2024 near Mamelodi East, Pretoria in the Regional Division
TLI4801
Semester 2
ASSIGNMENT 02 2024
Answer the following questions, using proper references. Your entire assignment
answer must not exceed 15 pages.
1. 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.
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
5. Your client, Assault Masina is arrested on a charge of assault with the intention to do
grievous bodily harm (GBH). He advises you that he is not guilty. The evidence against your
client is that he was seen by witnesses assaulting the victim, Jules Kat with a knobkerrie. The
incident took place on the 30 June 2024 near Mamelodi East, Pretoria in the Regional Division
