TECHNIQUES IN TRIAL ANDLITIGATION – TLI4801 Assignment 02: 816946
1 | P a g eQuestion 1
1. Violent will be charged with a Schedule 5 offence Which
... [Show More] is:
- Attempted Murder involving grievous bodily harm
- Culpable homicide
- Assault
- Rape
2. Bail Application in terms of Section 60(11) of the Criminal procedure Act 51 of
1977
Section 60(11) of the Criminal procedure act provides is not withstanding any
provision of thisAct, Where an accused is charged with and offense referred to –
a) In Schedule 6, the court shall order that the accused be detained in custody until
he or she is dealt with in accordance with the law, unless the accused, having been
given a reasonable opportunity to do so, adduces evidence which satisfies the
court that exceptional circumstances exist which in the interests of justice permit
his or her release;
b) in Schedule 5, but not in Schedule 6, the court shall order that the accused be
detainedin custody until he or she is dealt with in accordance with the law,
unless the accused, having been given a reasonable opportunity to do so, adduces
evidence which satisfiesthe court that the interests of justice permit his or her
release
The legislation indicates that on certain circumstances the onus will be on the accused
during the bail application. The crime committed will need to be identified first, whether
it would be a schedule 5 or 6 offence. For a schedule 6 offences, the accused has to
adduce evidence to satisfy the court that exceptional circumstances exist for the court to
permit his release on bail. For schedule 5 offences, the accused has to adduce evidence to
satisfy the court of his release.
The Witness reports on the case all points to the accused (violent) being the one
responsible forthe death of the victim (Victim skepsel), he has been arrested by the police
for the crime.
1 | P a g eIN THE REGIONAL COURT FOR THE REGIONAL COURT OF GAUTENGHELD
AT PRETORIA
In the matter between:
THE STATE
Vs
Violent Mashaya
STATEMENT IN TERMS OF THE PROVISIONS OF SECTION 60(11)OF
THE CRIMINAL PROCEDURE ACT, 51 OF 1977
Do hereby make oath and state:
1. I am an adult male and a South African citizen with identity number 8712 2352
47087.
2. I am the Applicant in this application in which I seek relief from this Honorable
Court to be released on bail. I respectfully submit, as I will demonstrate herein,
that the interestsof justice permit my release on bail. In any event, the dictates of
fairness and justice in view of the peculiar facts herein warrant that I should not
be deprived of my liberty and that I should be released on bail
3. I make this affidavit of my own free will and have not in any way been unduly
influencedto depose thereto.
4. The facts herein contained, save where expressly indicated to the contrary, are
withinmy personal knowledge and belief, and are both true and correct
2 | P a g eAD APPLICATION IN TERMS OF SECTION 60(11) OF ACT 51 OF 1977
(“The Act”)
5. The purpose of this affidavit is to provide the above Honorable Court with my
personalcircumstances and to address the allegations levelled against me (in so
far as they areknown to me), as well as to address the factors to be considered
by the above Honorable Court as contained in Sections 60(4) to 60(9) of the Act
6. I have been advised and I understand that I bear the burden to show that the
interests ofjustice permit my release and that I am obliged to initiate this
application. I did not in anyway intent to kill the victim and due to a mistake that
the circumstances occurred and wish to be excused on the charge of attempted
murder involving grievous bodily harm.
Personal Circumstances
7. I am a Commercial Manager by profession and I reside at 587 Eva Brooks
Estate,Mondeo drive, Equestria, Pretoria
8. I was born 23 December 1987 at Limpopo Ga-Mashashane, I have resided in the
republic of South Africa all my life. I do travel for business but usually within the
Country.I regard South Africa as my home and I have no intention to relocate.
9. I have immovable property in which I currently reside at 587 Eva Brooks
estate inEquestria, the property is valued at R2.8 Million
10. I have another property in Limpopo as 66 London street, Ga-Mashashane
which mygrandmother has left for me, the property is valued at R500 000.
11. I have movable assets made up of household furniture, two motor
Vehicles andjewellery, which valued in excess of R950 000.
12. All my family reside in South Africa.
3 | P a g e13. I have a previous conviction of attempted, but I have since gone to rehab and was
givenassistance with my anger problems. There are no outstanding cases other
than the present, being investigated against me by the South African Police
service.
Merits
14. My legal representatives have explained the provisions of Section 60(11) of the
Act tome.
15. I have been informed that I am accused of having committed the offence of
attempted murder involving grievous bodily harm. I deny the aforesaid
allegation in the strongestterms
16. On the 12 of March 2015 I Violent Mashaya attended a party in Mamelodi west
with twoof my friends Skunky and coward as we usually do on weekends.
16.1.
16.2.
I and my friends were minding my own business when I saw Victim skepsel
with mygirlfriend at the time Poppy floozy.
I approached her surprised that she was at the same place that I was
16.3. It was already late and I asked Poppy floozy to come with me, but before she
couldanswer Victim Skepsel answered on her behalf, this made me angry
because I did not understand what was happening at the time.
16.4. Victim skepsel was very drunk, and tried to get in between me and my
girlfriend whileI was going home, he wanted to fight me and I avoided his
insults as we were walking away.
16.5.
I became rather angry at this moment and told Victim to Kindly move out of
our way,this is when Victim grabbed a chair with the aim to hit me with it.
16.6. He kept on threatening me that he would hit me with the chair if I did not
leave mygirlfriend alone he was going to hit me with the chair
16.7. He began hitting me with the chair aggressively, I defended myself with a
similarchair that Victim used,
16.8. At this moment a huge crowd of people came in between us to try and stop
the fight,including my girlfriend Poppy floozy.
16.9. In the event that everyone came between us to try and stop the fight, we all fell
4 | P a g eto thefloor. [Show Less]