TLI4801 ASSIGNMENT 2 SEMESTER 2 2025 – FULLY ANSWERED (DUE 17 SEPTEMBER 2025)

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TLI4801 Assignment 2 Semester 2 Memo | Due 17 September 2025.

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. (15)

(b) Critically discuss the type of information you should avoid when drafting Mr. Diesel’s plea explanation. (5)

(c) Suppose Mr. Diesel applies to be released on bail. Please advise your client as to the relevant factors that the presiding officer will consider when entertaining the request for release on bail and, if so, the conditions that may be attached as well.

You must refer to relevant case law in your answer. (5)

2. Discuss why it is necessary for the lawyer to ascertain any statements or admissions which an accused might have made to the police upon arrest. (2)

3. The lawyer is required to “prepare” defence witnesses for a forthcoming trial. Discuss some of the most important aspects of the process which the lawyer must familiarise the witnesses with. (3)