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LEV3701 Assignment 2 (COMPLETE ANSWERS) Semester 2 2026 - DUE September 2026

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LEV3701 Assignment 2 (COMPLETE ANSWERS) Semester 2 2026 - DUE September 2026; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.8.1..2.7.8..3.3.7.2. Ensure your success with us.. 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 Semester 2 2026
Unique number:
Due date: September 2026


QUESTION 1

Originality and authenticity of the photographs and recordings

Where evidence is treated as documentary evidence, the general rule is that the
original document must be produced and the document must be authenticated
before it may be admitted.1 The purpose of requiring the original is to reduce the
possibility of error, alteration or falsification, while the original generally corresponds
with the original source from which the information was recorded.1 In Welz v Hall, the
court confirmed that the original document remains the best evidence of its contents
where those contents are directly in issue.1

Connected book
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Pamela-Jane Schwikkard, S. E. Van der Merwe Principles of Evidence
Publisher: 2009 ISBN: 9780702179501 Edition: Unknown

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