SHIKWAMBANA MERCY

STUDENT NO 65116720

TLI 4801

ASSIGNMENT 02

1(a) it should be noted that arson refers to the unlawful and negligent setting of fire to property
resulting in the destruction of said property. A director of Public Prosecutions or a prosecutor authorized
in writing by a DPP may in respect of offences referred to in schedule 7 and in consultation with the
police investigating officer, authorize the release of an accused on bail in terms of section 59(1) of the
allows the prosecutor to authorize the release of an accused person on bail for any of the following
offences listed in schedule 7 of the Act.

 Public violence
 Culpable homicide
 Bestiality
 Assault involving the infliction of grievous bodily harm
 Arson
 Housebreaking, whether under the common law or statutory provision, with intent to commit
an offence
 Malicious injury to property
 Robbery other than a robbery with aggravating circumstances, if the amount involved in the
offence does not exceed R20 000,00
 Theft and any other offence referred to in section 264(1)(a), (b) and (c) if the amount involved
does not exceed R20 000,00
 Any offence in terms of any law relating to the illicit possession of dependence producing drugs
 Any offence relating to extortion, fraud, forgery or uttering if the amount involved in the
offence does not exceed R20 000
 Any conspiracy, incitement or attempt to commit any offence listed in this schedules

Prosecutorial bail may be applied for the release of the accused F, as the charge of the arson does not
fall within the list of offenses listed in schedule 7of the CPA, with provides for prosecutorial bail.
Therefore, prosecutorial bail can be applied for in this instance having regard to the given facts.

(b) Bail is regarded as a compromise or striking a balance between the interests of society and the
liberty of an accused. The court may consider the strength of the state’s case against the accused, when
deciding if the accused would evade trial, be a fugitive from justice or tamper with evidence if released.
The accused’ attorney must persuade the court that the released of the accused will not be detrimental
to the interests of justice. It involves a value judgment of what is fair and equitable having regard to all
circumstances. The CPA mentions various factors that a court may take into account to determine
whether bail should be granted or not. Thus s section 60 (4) (a)-(e) lists factors that a court may consider
when the interest of justice do not permit such release on bail. The interests of justice do not permit
release in the following circumstances on the following grounds:

 Where there is likelihood that he accused if released on bail will endanger the safety of the
public or any particular person or will commit a schedule 1 offence
  Where there is the likelihood that the accused if released on bail will attempt to evade his or her
trial
 Where there is likelihood that the accused if released on bail will attempt to influence or
intimidate witness or to conceal or destroy evidence
 Where there is a likelihood that the accused if released on bail will undermine or jeopardise the
objectives or the proper functioning of the criminal justice system including the bail system
 Where in exceptional circumstances there is the likelihood that the release of an accused will
disturb the public order or undermine the public peace or security.

The focus at the bail stage is to decide whether the interests of justice permit the release of the
applicant pending trial, which entails, in the main protecting the investigation and prosecution of the
case against any hindrance.

2. Section 105 A of the criminal procedure Act 1997 allows prosecutors to negotiate and enter into a
plea and sentence agreement with the defence. Many parties are involved in this process, namely the
prosecutor, accused and legal representative, investigating officer, complainant and presiding officer. It
should be noted that the prosecutor can only conclude the plea and sentence agreement once he or she
is authorized to do so by the National Director of public prosecution. The agreement must be negotiated
and entered into before an accused has pleaded to the charge.

The contents of the sentence agreement are

 The accused must plead guilty to the charge and be convicted

The prosecutor must consult the investigating officer and afford the complainant and his or her
representative an opportunity to make representation to the prosecutor regarding the contents of the
agreement and the inclusion of any conditions. The defence attorney approaches the prosecutor with
the proposal that a sentence agreement be entered into and a suggestion as to what constitutes a just
and proper sentence. If the court does not confirm the agreement, the defence must withdraw from the
agreement and the trial start de novo before another court. Any information contained in the
agreement may not be used in the subsequent trial. The defence also has the choice not to withdraw
from the agreement and to proceed with sentencing process.

3. section 157(2) of the criminal procedure Act 1977 grant judicial authority for separation of trial, an
application for separation of trials can be made in the following circumstances:

 If your client’s co-accused has become problematic or is creating difficulty for your client then
you may make such an application.
 If your client’s co-accused is an existing or potential threat you should consider an application
for separation of trials
 Principles from the following judgment are relevant: S V Ntuli and others 1987(2) SA 69 (A), R V
BAGAS 1952(1) SA 437 (A) and R V NZUZA and others 1952 (4) SA 37SIX (A) these cases allude to
the trial court’s discretion in granting a separation of trials a trial court has to weigh up
likelihood of prejudice to the application accused resulting from a joint trial against the
 likelihood of prejudice to the other accused or the state if their trial are separated, and decided
whether or not a separation of trials should be granted in the interests of justice
 The application must show that he will suffer substantial prejudice before making such an
application
 The mere fact that a co-accused made a confession implicating your client would not
automatically provide a ground for a separation of trials
 The view has been expressed that whenever a co-accused has made a confession or admission
or where there is a possibility of prejudice to your client for any other reason you should apply
for a separation of trials.

4. PLEAD OF GUILTY IN TERMS OF SECTION 112 (2)

Section 112 (2) of the CPA represents one of the instances in which a guilty plea may be conducted by
the court.

IN THE MAGISTRATES COURT FOR THE REGIONAL DIVISION OF GAUTENG HELD AT PRETORIA

In the matter between

THE STATE

And

Violent Masinga (THE ACCUSED)

CASE NO:25/164/2019

1. I confirm that I am the accused in this matter, and that I have read the charge sheet and I
understand the charge that has been preferred against me.
2. I plead guilty to the charge of assault with intent to do grievous harm freely and voluntarily and
without any undue influence.
3. The fact which I plead guilty are as follows:
On the 23 March 2021 near Rosettenville, Johannesburg in the Regional Division of South
Gauteng the I assaulted victim Cane with a knife and the victim was hospitalized as a result of
my injuries. They arrested me on a charge of assault with the intention to do grievous bodily
harm.
4. I know that my action were unlawful and wrong, I accept that my actions caused him grievous
bodily harm.

Signature of accused……………………………………………………………………………………………………………………….

Full names………………………………………………………………………………………………………………………………………

Place……………………………………………………………………………………………………………………………………………….
Date………………………………………………………………………………………………………………………………………………..

Signature of legal representative……………………………………………………………………………………………

Full names………………………………………………………………………………………………………………………………

Place……………………………………………………………………………………………………………………………………….

Date…………………………………………………………………………………………………………………………………………

Signature of senior prosecutor…………………………………………………………………………………………………

Full names………………………………………………………………………………………………………………………………..

Place…………………………………………………………………………………………………………………………………………

Date………………………………………………………………………………………………………………………………………….