Criminal Procedure B - Assignment - Amended

UNIVERSITY OF FORT HARE
FACULTY OF LAW
CRIMINAL PROCEDURE B
COURSE CODE: LCP 322 E
PRACTICAL ASSIGNMENT (GROUP WORK)
DUE DATE FOR WRITTEN COMPONENT: 04 OCTOBER 2024
DUE DATE FOR ORAL COMPONENT: 07 + 09 OCTOBER 2024 (DURING

LECTURE TIME)
INSTRUCTIONS AND ASSESSMENT CRITERIA
• This is a group assignment.

• You will be required to work in your respective law firm groups which were
created at the beginning of the second semester.
• The assignment is out of 50 (fifty).
• The assignment will consist of two components. One component being written
work and the other being oral presentations.
WRITING/DRAFTING COMPONENT OF THE ASSIGNMENT
• You are required to draft a section 174 discharge in terms of the Criminal
Procedure Act.
• There is no specific prescribed format; however, you are encouraged to
reference all your work.
• Ensure that you substantiate all your statements.
• Where necessary, incorporate your own facts into the hypothetical scenario.
The following rubric will be used in assessing the written component of the
assignment:
Assessment Description Mark allocation

criteria
1. Professionalism: You must demonstrate the ability to 1-2 =
Format, language, correspond in a style that one would expect underperforming
and editing of a legal professional. Use clear and 3 = sufficiently
concise language; avoid unnecessary professional
grammatical and editing mistakes. Use a 4 = very good
tone that one would expect of a 5 = excellent
professional. [5]
2. Explanation You need to explain the concepts in such a 1 – 3 = incomplete
provided: content way that the reader will be able to and disappointing
understand what to expect. 4 - 5 = the
explanation lacks
coherence and
logical application
6 - 8 = very good
9 -10 = excellent
[10]
3. Ethical reasoning Ensure that the action taken is the one that 1–5=
best protects the moral rights of those demonstrated a
affected. The relation between theory, basic understanding
principles and particular judgments. of ethical
considerations
3–5=
demonstrated a
good understanding
of ethical
considerations
[5]
4. Source referencing You must demonstrate the ability to 1 – 2 = insufficient
and integration substantiate your statements with the source references
relevant authority. You need to reference 3 = overall good
the most relevant sources so the reader can source referencing,
use your correspondence to guide him to with minor concerns
the different sources. You may use any 4 = very good
referencing style if you provide sufficient 5 = excellent
detail for Samuel to locate the specific [5]
source.
ORAL COMPONENT OF THE ASSIGNMENT
• Each firm will be expected to present their section 174 application for discharge
in class.
• You must have a MINIMUM of 3 presenters per law firm.
• You have the discretion to decide who will present amongst yourselves.
However, we as the ‘presiding officer’s’ are at free will to ask anyone from your
respective firms a question. Regardless of whether they presented or not.
• Each law firm will be allocated 10 – 15 minutes to present their application.
The following rubric will be used in assessing the oral component of the
assignment:
Indicators Highest score Score given

possible
• Knowledge of facts [5]
• Correct analysis of
issues
• Familiarity with [10]
authority
• Uses relevant
authority
• Applies authority to
facts clearly
• Response to [5]
questions with
authority
• Convincing arguments [5]

TOTAL /25
GENERAL INSTRUCTIONS
• NB! NB! WRITTEN COMPONENT OF ASSIGNMENT MUST BE SUBMITTED

VIA BLACKBAORD AS WELL AS PHYSICALLY AT THE ENTRANCE OF
THE OFFICE BUILDING BETWEEN 12H00 – 13H00 ON 04 OCTOBER 2024.
YOU WILL NOT BE ABLE TO SUBMIT AFTER THE STIPULATED TIME
FRAME.
• IT IS YOUR DUTY AND RESPONSIBILTY TO ENSURE THAT YOU ARE IN
CLASS DURING THE ORAL PRESENTATIONS. SHOULD WE DECIDE TO
DO A RANDOM PICK AND YOUR LAW FIRM IS NOT IN CLASS IT WILL BE
AN AUTOMATIC ZERO FOR THE ORAL COMPONENT OF THE
ASSIGNMENT.
• You are required to dress formally for your oral presentations.
• Your cover page must include a list of the group members and student numbers.
• You are required to include an outline of the contribution of each member. For
example; Sipho – contributed with regards to research and typing the written
competent. This is to ensure that the groups mark is a reflection of collective
input.
• You are also required to include a plagiarism declaration with your assignment.
This is what it looks like:
We (name of law firm and your names) _____________________(Student

number(state all of your student numbers) : ______________________) am a
student registered for_______________________________________. We
hereby declare the following: We are aware that plagiarism (the use of someone
else's work without their permission and/or without acknowledging the original
source) is wrong.
SCENARIO
SECTION 174 APPLICATION
Your client is charged with 1 (one) count of being affiliated with a gang and another
count of rape. He is a co-accused with 20 (twenty) other accused for the charges
relating to gang affiliation and is one of 4 accused on the charge of rape. Your client is
accused number 4.
It is alleged that your client, John Martin, with his co-accused’s on the 30th of August
2024 embarked on a reign of terror in which they walked around communities in East
London, assaulting individuals that they encountered on the road and some even
robbed members of society.
The victim of the rape testified that she saw 4 (four) men enter her mothers house on
the said day, they were carrying pangas and knives. The DNA of accused 1,2 and 3
was found on the victim. She further testified that the 4th man did not have any sexual
encounter with her but had his phone out and he was recording the rape and urging
the other accused’s.
The second state witness testified that he was walking back from work at around 7
when he saw your client and 3 other males, who he could not identify, running out of
the rape victim’s yard. The one accused person (Accused 2) came running past him,
while the other Accused persons ran in the opposite direction. He testified that he
called out to your client by his nickname “Eben” as they were familiar, he was your
client’s primary school soccer coach, and your client turned to face him for a moment
and then tried to cover his face as he ran away. This witness positively identifies your
client and accused number 2. He saw the victim come out the house screaming for
help and he helped her and accompanied her to the police station immediately.
The third state witness is the investigating officer. He testified that after receiving the
complaint regarding the rape. He consulted the second witness, who provided him
with the information above. He testified that he was able to trace down accused 1 and
3 because they had previous convictions and their DNA was matched on the system.
He first tracked your client and accused 2 on the same night of the incident through
information provided by the second state witness. He further testified that when he
arrested your client. He noted that your client had a basketball tattoo on his arm which
all other 20 persons had, identical tattoos. He further testified that he seized a phone
in which he found the said video of the victim being raped, this phone belonged to
accused 2 but was in your client’s possession. Finally, he testified that on searching
your client’s room, he saw a pair of panties which it was later discovered belonged to
the rape victim. Your client’s finger prints were found on the underwear. Your client and
accused 2 were arrested at their respective homes.
A voice analysis expert testified that she was 70% sure that the voice on the video
urging on the other rapists matched you client’s voice.
Your client denies being at the scene of the rape and indicates that he never played
soccer in primary school. Finally, your client informs you that the pair of underwear
was placed in his room by his cousin, accused number 2.
State has alleged common purpose in relation to the rape charge. Your client also
gave you instructions to plead not guilty on the gang related charge.

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UNIVERSITY OF FORT HARE

COURSE CODE: LCP 322 E

PRACTICAL ASSIGNMENT (GROUP WORK)

DUE DATE FOR WRITTEN COMPONENT: 04 OCTOBER 2024

DUE DATE FOR ORAL COMPONENT: 07 + 09 OCTOBER 2024 (DURING

• This is a group assignment.

WRITING/DRAFTING COMPONENT OF THE ASSIGNMENT

Assessment Description Mark allocation

ORAL COMPONENT OF THE ASSIGNMENT

Indicators Highest score Score given

• Convincing arguments [5]

• NB! NB! WRITTEN COMPONENT OF ASSIGNMENT MUST BE SUBMITTED

We (name of law firm and your names) _____________________(Student

SECTION 174 APPLICATION

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