You are a successful lawyer specializing in criminal litigation. While enjoying your morning coffee in your office
Question:
You are a successful lawyer specializing in criminal litigation. While enjoying your morning coffee in your office you read an article in the newspaper about the local library that was destroyed in a fire the previous night. No lives were lost in the fire, but the beautiful historical building and irreplaceable documents were destroyed. The State has therefore suffered extensive pecuniary loss as a result of the fire. The incident occurred on 29 May 2023 near Durbanville Hills, Durbanville in the Regional Division of the Western Cape. The next minute there is a knock on your door. A potential client, Mr Brutal Burndown, enters your office and consults you in a very distressed state. Mr Burndown conveys to you that he is charged with arson but that he is not guilty. The evidence against Mr Burndown, however, is that he was seen by two witnesses loitering near the library before it caught alight. Mr Burndown vehemently denies that he committed the act of arson or that he acted unlawfully and intentionally. He instructs you to tender a plea of not guilty on his behalf. Answer all the following questions.
1.1 Discuss whether you, as an attorney, can fabricate a defence for Mr. Burndown. (4)
1.2 Critically discuss the discretionary role of the court to grant a section 174 discharge. Motivate your answer by reference to relevant case law. (10)
1.3 Discuss the different techniques that trial lawyers may use in order to improve the retention of key information presented at the trial. (12)
1.4 Discuss the implications of not preparing/drafting a not guilty plea/statement in terms of the Criminal Procedure Act 51 of 1977 as instructed by Mr Burndown. (4)
1.5 Draft Mr Burndown's plea of not guilty in terms of the Criminal Procedure Act 51 of 1977. (10)
Auditing Cases An Interactive Learning Approach
ISBN: 9780134421827
7th Edition
Authors: Mark S Beasley, Frank A. Buckless, Steven M. Glover, Douglas F Prawitt