LEV3701 (EVIDENCE LAW) ASSIGNMENT WITH SOLUTIONS

Jack is accused of raping a fellow student. During crossexamination of the victim, it is put to her that she is lying about the identity of the accused. In an attempt to establish the victim's credibility, the prosecutor calls her roommate to testify that the complainant told her a similar story. The roommate’s evidence will be (a) hearsay. (b) evidence about a previous consistent statement. (c) circumstantial evidence. (d) character evidence. Answer 6 (1) Only statements (a), (c) and (d) are correct. (2) Only statements (b) and (c) are correct. (3) Only statement (b) is correct. (4) Only statement (a) is correct. (5) Only statement (d) is correct. Question 7 (a) In the case of an alleged offence of a sexual nature, evidence of a previous consistent statement will inter alia be admissible if the complaint was made at the first reasonable opportunity, but not later than 48 hours after the alleged offence was committed. (b) A previous consistent statement is usually made by an accused while in police custody. (c) There is question of a previous consistent statement when, during testimony in court, a witness repeats a statement consistent with one made on a previous occasion, in order to corroborate his or her evidence. (d) There is question of a previous consistent statement when a witness repeats a consistent statement made by another witness on a previous occasion, which serves as self- corroboration for the other witness. Answer 7 (1) Only statement (a) is correct. (2) Only statements (a) and (b) are correct. This study source was downloaded by from CourseH on :28:56 GMT -05:00 LEV3701 ASSIGNMENT WITH SOLUTIONS (3) Only statements (a), (b) and (c) are correct. (4) Only statements (c) and (d) are correct. Only statements (b) and (d) are correct During a civil matter, the plaintiff wants to present the record of a witness’s evidence in a criminal trial based on the same facts, as evidence against the defendant. Consider the following statements: