TLI4801 ASSIGNMENT 2 MEMO – SEMESTER 1 2022 – UNISA – WITH DETAILED FOOTNOTES AND BIBLIOGRAPHY

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Assignment 02 – Semester 1
Answer the following questions using proper references. Your entire assignment answer (questions 1-4) must not exceed 15 pages.
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. (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
2. Discuss the impact of the sentence agreement in terms of section 105 A of the Criminal Procedure Act, 1977. (6)
3. 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.
4. 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 the 23 March 2021 near Rosettenville, Johannesburg in the Regional Division of South Gauteng. The victim was hospitalized as a result 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 (30)

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Assignment 02 – Semester 1

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

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. (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

2. Discuss the impact of the sentence agreement in terms of section 105 A of the Criminal Procedure Act, 1977. (6)

3. 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.

4. 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 the 23 March 2021 near Rosettenville, Johannesburg in the Regional Division of South Gauteng. The victim was hospitalized as a result 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 (30)

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