Provide your reasoned opinion on whether freddy would

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Reference no: EM133375720

Case Study: You are a magistrate presiding over the criminal trial of Mandla. Mandla is facing charges of assault with intent to do grievous bodily harm, along with three of his friends who are his co-accused in the matter. Mandla was at a local bar watching a soccer match between SuperStars FC and Royal Tigers. Everyone was enjoying the game over a few drinks and meals. When Royal Tigers scored a goal, the Royal Tigers soccer fans in the bar started cheering and taunting SuperStars FC fans in the bar. Mandla and hisfriends were approached by a group of Royal Tigerssoccerfans who started taunting them. Mandla and his friends decided to wait for these Royal Tigers soccer fans outside the bar when the game was finished. When the Royal Tigers soccer fans left the bar that evening, Mandla and his friends confronted them. Mandla and his friends then proceeded to assault them with broken glass bottles. The bar manager saw this happening and immediately called the police. The police arrived, broke up the fight, and arrested Mandla and his friends. The Royal Tigers soccer fans who were assaulted sustained serious stab wounds and cuts. They were rushed to a local hospital for treatment.

Questions: Answer the following questions:

Assume for this question only that while Mandla's legal representative has told you that he wants to rely on private defence as a ground of justification, one of Mandla's co-accused, Freddy, wants to rely on "obedience to orders" as a ground of justification. Freddy is Mandla's best friend, and he always helps Mandla out of any difficult situation, without any concern for himself. Freddy's legal representative tells you that Mandla told Freddy to help them when the fight broke out and Freddy agreed to do so without question. Set out the general requirements that must be met in order for the defence of "obedience to orders" to succeed. As part of your answer, you must also provide your reasoned opinion on whether Freddy would succeed with this defence in these circumstances.

Reference no: EM133375720

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