LEV3701 Assignment 1 (ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED

Achieve a distinction with this comprehensive and well-organized set of LEV3701 Assignment 1 (ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED. Ensure accuracy and excellence in your submission!!!!Question Mark 0.00 out of 1.00 The owner of a motor vehicle (E) shoots and kills D while he is trying to hi-jack E’s car. E is thereafter charged with murder.During the trial a newspaper salesperson testifies that E stated the following to him: “Yes, I did shoot him, but he tried to stealmy car!” Consider the following statements: A. The newspaper salesperson is testifying about an admission made to him by E. B. Evidence by the newspaper salesperson is inadmissible hearsay evidence. C. The newspaper salesperson is testifying about a confession made to him by E. D. The newspaper salesperson cannot testify about the statement because it was not confirmed and reduced to writingin front of a magistrate or justice of the peace. Consider the following statements about opinion evidence and identify the correct option: A. Because of the complicated nature of civil proceedings, parties must give notice of any intention to rely on expertevidence, but in criminal cases the prosecution is not required to disclose expert evidence before the trial starts. B. The court in Hollington v Hewthorn [1943] 2 All ER 35 decided that the finding on an issue in a civil trial cannot serveas proof of that issue in an ensuing criminal trial, since the onus of proof in criminal matters is higher than in civilmatters. C. Opinion evidence is generally inadmissible because it amounts to evidence of previous consistent statements. D. When an expert refers to textbooks while testifying in court, he must not merely convey the author’s opinion to thecourt, since this will constitute hearsay evidence. While presenting the state’s case on a charge of escaping from prison, the prosecution wants to present evidence about theaccused’s latest previous conviction. Consider the following statements and choose the correct option: A. The evidence is admissible in terms of section 211 of the Criminal Procedure Act 51 of 1977. B. The evidence is similar fact evidence and therefore admissible. C. The evidence is inadmissible in terms of section 211 of the Criminal Procedure Act 51 of 1977. D. The evidence falls under state privilege and is therefore inadmissible. Consider the following statements about previous consistent statements and choose the correct option: A. If it is suggested or alleged (mostly during cross-examination) that the witness has recently fabricated a partof his evidence, evidence may be led to show that the same thing was said at an earlier opportunity. This evidenceis only tendered to show that he did not recently fabricate the evidence to support his credibility. The evidence is therefore relevant for this purpose (to support the witness's credibility), and essentially corroboratesthe witness's evidence. B. Section 59 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 determinesthat, in criminal proceedings involving the alleged commission of a sexual offence, the court must draw anegative inference from the long delay between the alleged commission of such offence and the reporting thereof. C. There is question of a previous consistent statement when, during testimony in court, a witness repeats astatement consistent with one made on a previous occasion to corroborate his evidence. D. The rule against the admissibility of evidence about a previous consistent statement is actually a rule againstthe admissibility of similar fact evidence. Consider the following statements about the admissibility of admissions and confessions and identify the correct option: A. Conduct from which a negative inference can be drawn will constitute an admission if a communication has takenplace. B. If a confession is made to a justice of the peace, it must be confirmed and reduced to writing in the presence of amagistrate. C. A confession made to a messenger of the court must be confirmed and reduced to writing in the presence of amagistrate or peace officer to be admissible. D. In terms of section 1 of the Criminal Procedure Act 51 of 1977, the term “justice” refers to “a person who is a justiceof the peace under the provisions of the Justices of the Peace and Commissioners of Oaths Act, 1963". A warrantofficer in the South African Police Service is included in this definition.