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Assignment 01
Semester 2
LEV3701
Unique number
613933
Due date:
31 August 2022
1.1 Mr Sly requests a copy of the police docket to prepare for his defence. Will he be
successful? Discuss with reference to applicable case law. (6)
1.2 During Mr Sly’s trial, the prosecution intends to call Captain Richman to testify as an
expert witness about whether Mr Sly was drunk at the time of the accident. Do you think the
court will allow this to happen? Fully discuss with reference to any possible requirements for
admissibility. (10)
, 1.3 It later emerges that Mr Sly made a statement without prejudice during the initial
negotiations between himself and Colonel Sanreal. In this statement he admitted to having
caused the accident. Colonel Sanreal intends to use this statement as evidence against Mr Sly
in a civil claim if Mr Sly fails to pay for the damages to his car. Do you think he will be
successful? Fully discuss. (7)
1.4 Further investigation reveals that Mr Sly has previous convictions for reckless and
negligent driving as well as for drunken driving. Can this evidence be presented in court?
Explain fully. (7)
[30]
Question 1.1
Yes, Mr Sly will be successful in obtaining a copy of the police docket. In the
case of S v Mhlanga, it was held that an accused has a right to obtain a copy
of the police docket in order to prepare for his defence. "This right is
Assignment 01
Semester 2
LEV3701
Unique number
613933
Due date:
31 August 2022
1.1 Mr Sly requests a copy of the police docket to prepare for his defence. Will he be
successful? Discuss with reference to applicable case law. (6)
1.2 During Mr Sly’s trial, the prosecution intends to call Captain Richman to testify as an
expert witness about whether Mr Sly was drunk at the time of the accident. Do you think the
court will allow this to happen? Fully discuss with reference to any possible requirements for
admissibility. (10)
, 1.3 It later emerges that Mr Sly made a statement without prejudice during the initial
negotiations between himself and Colonel Sanreal. In this statement he admitted to having
caused the accident. Colonel Sanreal intends to use this statement as evidence against Mr Sly
in a civil claim if Mr Sly fails to pay for the damages to his car. Do you think he will be
successful? Fully discuss. (7)
1.4 Further investigation reveals that Mr Sly has previous convictions for reckless and
negligent driving as well as for drunken driving. Can this evidence be presented in court?
Explain fully. (7)
[30]
Question 1.1
Yes, Mr Sly will be successful in obtaining a copy of the police docket. In the
case of S v Mhlanga, it was held that an accused has a right to obtain a copy
of the police docket in order to prepare for his defence. "This right is
