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Exam (elaborations)

LEV3701 Assignment 2 Semester 2 Answers 2026 - Due September 2026

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LEV3701 Assignment 2 Semester 2 2026 - Due September 2026 Format Use the following format at the top of your two-page assessment. On the first line, type the heading exactly in this order: module code, comma, space, Assessment 1, comma, space, your name and surname, comma, space, Student number followed by your actual student number. For example: LEV3701, Assessment 1, John Smith, Student number . On the next line, start with the first question, followed by the second question and then the third question. This format must be followed exactly so that your submission is presented in a clear and consistent way. Assessment Question The accused is arrested in the early hours of the morning after a collision allegedly involving his vehicle and his neighbour’s wall. The accused is charged with drunken driving and certain alternative charges. The neighbour, Mr X, is called to come and testify, and, during his testimony, the state seeks to introduce into evidence photographs taken and voice recordings made by Mr X with his cell phone on the morning in question. These images and recordings contain relevant evidence of the accused’s condition and conduct at the scene of the crime and were downloaded by Mr X from his cell phone to his laptop computer and later to a memory stick, and eventually onto a compact disc. Prior to the commencement of the trial, the cell phone was stolen. (1)With reference to the facts of the question, fully discuss originality and authenticity as requirements for the admissibility of documentary evidence. (8) (2)Fully discuss the admissibility of the photographs and voice recordings as evidence in terms of section 15 of the ECT Act 25 of 2002. Start your answer by explaining the meaning of a data message. (8) (3) Accept that the photographs and voice recordings are found to be inadmissible by the court and that the only other evidence against the accused is an admissible confession that he had made to a magistrate on the day in question. What must happen before a conviction may follow on the accused’s confession? Do not discuss the admissibility requirements for confessions in your answer. (4)

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LEV3701
ASSIGNMENT 2
DUE DATE: SEPTEMBER 2026

, LEV3701 ASSIGNMENT 2 2026
DUE SEPTEMBER 2026


QUESTION 1

With reference to the facts, fully discuss originality and authenticity as
requirements for the admissibility of documentary evidence. (8)

For documentary evidence to be admissible, two main requirements must be
met: originality and authenticity (LEV3701 Study Guide, Learning Unit 7.1). The facts
involve photographs and voice recordings on Mr X's cell phone (later stolen) that were
downloaded to a laptop, memory stick, and CD.


1.2 Originality (The Best Evidence Rule)

The original document must be produced in court (LEV3701 Study Guide 7.3.1).
However, the cell phone was stolen.

Exceptions:

 ECT Act s15(1)(b): Data messages are admissible if not in original form, provided it
is "the best evidence that the person could reasonably be expected to obtain."
 Exceptions to originality rule (LEV3701 Study Guide 7.3.2): Where original is
lost/destroyed, opponent admits contents, or legislation permits secondary evidence.
 S v Adendorff 2004 (2) SACR 185 (SCA): Copies may be admitted where original
unavailable.
 ECT Act s14: Court must consider whether information remained complete and
unaltered.

The stolen original creates a valid exception. The CD copies are the best evidence
available.

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