TLI4801 Assignment 2 Semester 2 2026 – Due 9 September 2026

Description

TLI4801/102/2/2026
4.2 Assignment 02 – Semester 2

Answer the following questions using proper references in footnotes. Your entire
assignment answer (questions 1-4) must not exceed 15 pages.

1. Allan Fuse is arrested on a charge of arson. He was seen by witnesses setting
fire to an office building in the Durban CBD. The building burnt down and extensive
property was damaged because of the fire. Fortunately, staff were evacuated in time,
and no one was injured. After his arrest, Mr. Fuse phones his attorney, Mr. Brut Hum,
from the police holding cells and says to him: “I have been arrested, get me out of
jail.”
(a) Critically discuss whether prosecutorial bail may be applied for the release
of the accused, Allan Fuse in this instance.
(5)
(b) Discuss the factors/grounds which a court must consider before releasing an
accused on bail.
(5)
[10]
Source: Maharaj, A. Confident Criminal Litigation (2010) Chapter 1: Arrest and
Bail

(c) Discuss the impact of the sentence agreement in terms of section 105 A of
the Criminal Procedure Act, 1977.
(6)
(d) Discuss the circumstances when an application for separation of trials can
be made.
(4)
[10]
Source for questions 2-3: J Engelbrecht, Morris Technique in Litigation
(2010) Chapter 19; also see Chapter 3 of the prescribed textbook.

2. Your client, Anger Jude, is arrested on a charge of assault with the intention to do
grievous bodily harm (GBH). He advises you that he is guilty. The evidence against
your client is that he assaulted the victim, Victim Cane, with a knife. The incident
took place on 23 December 2025 near Rosettenville, Johannesburg in the Regional
Division of South Gauteng. The victim was hospitalised because of his injuries.

Your client instructs you, his attorney, to tender a plea of guilty on his behalf.
Draft your client’s plea of guilty in terms of section 112 of the Criminal Procedure
Act 51 of 1977.

Note: You may make up your own facts to supplement the given facts without
detracting from the core issues.
[10]
Source: Maharaj, A. Confident Criminal Litigation (2010) Chapter 1: The Trial

Total for Assignment 2: [30]
5

TLI4801/102/2/2026

5. DECLARATION OF AUTHENTICITY AND ACCURACY
We enclose a sample declaration for completion. Please attach the signed declaration to
your examination answers. We will not mark your examination UNLESS you attach the
signed declaration to your examination answers.

DECLARATION OF AUTHENTICITY AND ACCURACY

I,… (Full name/s and surname)

Student number: ………………………………………………….

declare that I am the author of this examination in TLI4801. I further declare that the
entire examination is my own, original, correct work and that where I used other
information and resources, I did so in a responsible manner. I did not plagiarize in
any way and I have referenced and acknowledged any legal resources that I have
consulted and used to complete this examination. By signing this declaration, I
acknowledge that I am aware of what plagiarism is, and the consequences
thereof. Furthermore, I acknowledge that I am aware of UNISA’s policy on plagiarism
and understand that if there is evidence of plagiarism within this document, UNISA
may take the necessary action.

Date: …………………………………………………….

Place:…………………………………………

Signature:………………………………………….
(provide an electronic signature or type or write your name or surname again)

6. CONCLUDING REMARKS

Your results will be released by the Directorate: Student Assessment Administration
(DSAA) during the official release period of examination results. We as lecturers are not
authorised to release any results in any manner. We wish you success with your future
studies.

Regards

Mr. B Mashabane
Prof J Le Roux-Bouwer
Unisa/kr

TLI4801 Assignment 2 Semester 2 2026 – Due 9 September 2026

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