QUESTION 1

Tobias and his partner, Zoe, are having an argument about his infidelity and lack of commitment towards her. Zoe has told her friends in the past that Tobias has a violent streak and that he assaults her often. As their argument reaches a climax, neighbours hear Zoe's screams. They run to her front door to see whether they can assist her, only to find the door wide open and Zoe lying in a pool of blood. Upon closer inspection, it seems that she has been stabbed in the chest, but fortunately not fatally injured. Tobias is nowhere to be seen. Two days later, the police found Tobias hiding in his mother's house. He is arrested then and there and charged with attempted murder and assault with intent to do grievous bodily harm. Tobias has no income of his own and is appointed a legal representative by the state.

1.1 What type of a case is this? (1)

1.2 What are the differences between a civil and criminal case? (4)

1.3 During the arrest, Tobias is taken to a holding cell at the nearby police station. Tobias refuses to talk to the police and insists that as an accused, he has certain rights in terms of the Bill of Rights. Explain what 'human rights' are. Also identify two rights that may be relevant to Tobias and briefly describe each of these. (5)

1.4 In preparation for Tobias's case, his legal representative will consult authoritative and nonauthoritative sources. List four authoritative and two non-authoritative sources that his legal representative may consult in order to prepare for his case. (6)

1.5 Discuss how the legal representative should handle the information that Tobias shares with him. What is the nature of the relationship between Tobias and his legal representative? (5)

1.6 Briefly describe three duties that Tobias's legal representative has in terms of the Legal Practice Council Code of Conduct. (3)

1.7 Tobias explains to his legal representative that he stabbed Zoe because she was taunting him and that she told him that she is having a relationship with his brother. What factor may be relevant in considering Tobias's criminal capacity?