TLI4801
ASSIGNMENT 2 2025
DUE 17 SEPT 2025
,TLI4801 ASSIGNMENT 2 2025 DUE: 17 SEPTEMBER 2025 UNIQUE CODE: 642721
Answer the following questions using proper references in footnotes. Your entire assignment
answer (questions 1 (a)-(c)) must not exceed 15 pages.
1. You are an attorney appearing for Maks Diesel who is charged in the Pretoria Magistrates’
Court with the offence of assault with the intention to do grievous bodily harm. Your
instructions from your client are that he wants to plead not guilty to the charge.
(a) Draft his statement that will make up his plea. You must include all headings and
conclusions. Make use of your own facts and any information you may deem necessary for
the statement to be accepted by the court.
IN THE MAGISTRATES’ COURT FOR GAUTENG HELD AT PRETORIA
Case No: 2025/RTC/0891 In
the matter between:
THE
STATE PLAINTIFF
and
MAX DIESEL DEFENDANT
1(a) DEFENDANT’S PLEA IN TERMS OF SECTION 115 CPA
1.1 Personal particulars
1.1.1 I, Max Diesel, identity number 860724 5123 08 9, am the accused in this matter.
1.1.2 My permanent residential address is 17 Gardenia Avenue, Silverton, Pretoria.
1.2 Charge and plea
1.2.1 I have been charged with assault with intent to do grievous bodily harm, contrary to section 1
of the Criminal Law Amendment Act 1 of 1988 read with section 18 of the Criminal
Law Amendment Act 51 of 1977 (“assault GBH”).
, 1.2.2 I confirm that I understand the nature of the charge and the potential consequences of a
conviction.
1.2.3 I plead not guilty to the charge.
1.3 Brief statement of facts
1.3.1 On 15 June 2025, at approximately 18h30, I was closing my workshop at 81 Industrial
Road, Pretoria North, after repairing hydraulic pumps for Hout Bay Mining (Pty) Ltd.
1.3.2 Mr. Jacob Reed, an employee of Hout Bay Mining, arrived unannounced and accused me of
overcharging. A heated verbal exchange followed.
1.3.3 Mr. Reed advanced towards me in an aggressive manner, raising a clenched fist and shouting
threats that he would “teach me a lesson”. Fearing for my safety, I raised my left arm defensively.
1.3.4 During the scuffle, I struck Mr. ReedOnce on the left shoulder with an open hand. I never
intended to inflict serious injury.
1.3.5 Mr. Reed fell back, sustaining a superficial laceration to his upper arm. Medical reports show
no lasting harm.³
1.4 Defensive plea
1.4.1 I acted in private defence of my person, believing on reasonable grounds that I was in
imminent danger of unlawful assault.
1.4.2 My response was strictly necessary and proportionate to avert the threatened attack.
1.5 Conclusion and prayer Wherefore I
pray that:
The charges against me be dismissed, alternatively
I be acquitted of assault GBH on grounds of private defence.
DATED at PRETORIA on this 20th day of AUGUST 2025
Max Diesel (Accused)
Attorney: Paul Van Rooyen
Van Rooyen & Associates
19 Pretorius Street
Pretoria
1(b) INFORMATION TO AVOID IN MR DIESEL’S PLEA EXPLANATION
ASSIGNMENT 2 2025
DUE 17 SEPT 2025
,TLI4801 ASSIGNMENT 2 2025 DUE: 17 SEPTEMBER 2025 UNIQUE CODE: 642721
Answer the following questions using proper references in footnotes. Your entire assignment
answer (questions 1 (a)-(c)) must not exceed 15 pages.
1. You are an attorney appearing for Maks Diesel who is charged in the Pretoria Magistrates’
Court with the offence of assault with the intention to do grievous bodily harm. Your
instructions from your client are that he wants to plead not guilty to the charge.
(a) Draft his statement that will make up his plea. You must include all headings and
conclusions. Make use of your own facts and any information you may deem necessary for
the statement to be accepted by the court.
IN THE MAGISTRATES’ COURT FOR GAUTENG HELD AT PRETORIA
Case No: 2025/RTC/0891 In
the matter between:
THE
STATE PLAINTIFF
and
MAX DIESEL DEFENDANT
1(a) DEFENDANT’S PLEA IN TERMS OF SECTION 115 CPA
1.1 Personal particulars
1.1.1 I, Max Diesel, identity number 860724 5123 08 9, am the accused in this matter.
1.1.2 My permanent residential address is 17 Gardenia Avenue, Silverton, Pretoria.
1.2 Charge and plea
1.2.1 I have been charged with assault with intent to do grievous bodily harm, contrary to section 1
of the Criminal Law Amendment Act 1 of 1988 read with section 18 of the Criminal
Law Amendment Act 51 of 1977 (“assault GBH”).
, 1.2.2 I confirm that I understand the nature of the charge and the potential consequences of a
conviction.
1.2.3 I plead not guilty to the charge.
1.3 Brief statement of facts
1.3.1 On 15 June 2025, at approximately 18h30, I was closing my workshop at 81 Industrial
Road, Pretoria North, after repairing hydraulic pumps for Hout Bay Mining (Pty) Ltd.
1.3.2 Mr. Jacob Reed, an employee of Hout Bay Mining, arrived unannounced and accused me of
overcharging. A heated verbal exchange followed.
1.3.3 Mr. Reed advanced towards me in an aggressive manner, raising a clenched fist and shouting
threats that he would “teach me a lesson”. Fearing for my safety, I raised my left arm defensively.
1.3.4 During the scuffle, I struck Mr. ReedOnce on the left shoulder with an open hand. I never
intended to inflict serious injury.
1.3.5 Mr. Reed fell back, sustaining a superficial laceration to his upper arm. Medical reports show
no lasting harm.³
1.4 Defensive plea
1.4.1 I acted in private defence of my person, believing on reasonable grounds that I was in
imminent danger of unlawful assault.
1.4.2 My response was strictly necessary and proportionate to avert the threatened attack.
1.5 Conclusion and prayer Wherefore I
pray that:
The charges against me be dismissed, alternatively
I be acquitted of assault GBH on grounds of private defence.
DATED at PRETORIA on this 20th day of AUGUST 2025
Max Diesel (Accused)
Attorney: Paul Van Rooyen
Van Rooyen & Associates
19 Pretorius Street
Pretoria
1(b) INFORMATION TO AVOID IN MR DIESEL’S PLEA EXPLANATION
