Question: Milli is a 16-year-old learner at a local high school in Brackenfell, just outside Cape Town, where she currently resides with her family. Recently, late
Milli is a 16-year-old learner at a local high school in Brackenfell, just outside Cape Town, where she currently resides with her family. Recently, late one evening, Milli and a group of her friends decide to sneak out of their parental homes to attend a party at a local abandoned building. Upon arrival, Milli and her friends discover that the building is locked. They realise that they are probably the first guests to arrive at the party, and they decide that they would need to gain access to the building in some way. The friends decide to break a window in order to access the premises. Whilst breaking the window with a rock, Milli and her friends are caught in the act by local police officers who were patrolling the area at the time. The police officers arrest Milli and charges her with the common law offence of "Malicious Damage (or Injury) to Property (or MITP)". It also transpires that the house is owned by a local resident, who is demanding that Milli and her friends be held liable for the damages caused to the window. Assume that the National Prosecuting Authority ("NPA") has decided to proceed with the charges against Milli, because the owner of the house is not willing to withdraw the charges. Accordingly, the docket is handed over for prosecution to one of the district court prosecutors stationed at the local magistrate's court. During Milli's first appearance in court, the prosecutor informs the court that the State will continue with the case against Milli, as the investigation into the matter had been finalised, and all evidence has been collected and processed. Milli's attorneys have considered the docket and are of the view that there is a severe lack of evidence and that the State would not be able to prove Milli's guilt. The matter is therefore set down and postponed for trial because Milli is not willing to plead guilty to the charges. Required: Briefly outline what Milli's criminal trial will entail. Your discussion should include reference to the National Directorate of Public Prosecutions and indicate whether the State must prove Mili's guilt on a balance of probabilities or beyond reasonable doubt. (11 marks
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