LEV3701 Assignment 1 (QUALITY ANSWERS) Semester 2 2025

This document contains workings, explanations and solutions to the LEV3701 Assignment 1 (QUALITY S2 ANSWERS) Semester 2 2025. For assistance whats-app us on 0.6.8..8.1.2..0.9.3.4....Consider the following statements, and choose the correct option: A. An accused is a competent witness in his own defence and can also be compelled to testify by a co-accused. B. Section 195 of the Criminal Procedure Act 51 of 1977 states that a spouse is competent to give evidence on behalfof the prosecution, but that she can be compelled to testify only in certain circumstances. This rule does not,however, apply to persons who are divorce. C. Mr Brawn and Mr Brains are co-accused. Mr Brawn wants to call Mrs Brains as a witness. Mrs Brains is competent to testify in defence of Mr Brawn, but she cannot be compelled to do so. She can,however, be compelled to testify in defence of Mr Brains. D. Where a presiding officer in a court perceives a certain fact in the court over which he or she is presiding, he will becompetent to testify on such fact in that court. Consider the following statements and choose the correct option: A. The evidence given by a fingerprint expert on fingerprints found at the scene of the crime is classified as expertevidence. B. Handwriting identification is done by an expert and the court is obliged to follow the opinion of an expert about thehandwriting. The court may therefore not hear lay evidence or draw its own conclusions about it. C. The evidence given by a fingerprint expert on fingerprints found at the scene of the crime is classified as realevidence. D. Evidence about footprints require an explanation by an expert and the court is obliged to accept the opinion of anexpert about the identity of the footprints. Consider the following statements and choose the correct option: A. If a witness is re-examined on a new matter, the opposing party will have the right to cross-examine the witness onthis new matter. B. Refreshing of memory by a witness usually takes place during cross-examination when a witness can no longeraccurately recall the events about which he is being cross-examined. C. In civil cases the court may, out of its own accord and without the consent of the parties involved, call witnesses. D. A witness in a criminal case can refuse to answer a question that is relevant to a fact in issue if such an answer canprove civil liability on his part. Question 9 Complete Mark 1.00 out of 1.00 Question 10 Complete Mark 0.00 out of 1.00 Question 11 Complete Mark 1.00 out of 1.00 In S v Ndiki and Others [2007] 2 All SA 185 (Ck) it is explained that if a computer print-out contains a statement of which aperson has knowledge, and which is stored in the computer’s memory, its use in evidence depends upon the credibility of anidentifiable person. It would therefore constitute … A. documentary evidence. B. hearsay evidence. C. real evidence. D. evidence of uncertain classification. Consider the following statements about previous consistent statements and choose the correct statement: A. There is question of a previous consistent statement when a witness repeats a consistent statement made byanother witness on a previous occasion, which serves as self-corroboration for the other witness. B. A previous consistent statement is normally made by an accused during police custody. C. Evidence of a complaint in a sexual case is exceptionally admitted as a matter going towards thecomplainant’s credibility and is, therefore, corroborative evidence. D. A previous consistent statement is a statement which is similar to a statement made by someone on a previousoccasion in court. Consider the following statements and choose the correct option: A. Children between the ages of 7 and 14 years of age are rebuttably presumed to be able to testify, while childrenunder 7 years of age are incompetent to testify. B. Children under seven years of age are incompetent to testify in a court. C. A dispute over the competence of a child to testify must always be determined before a criminal trial starts in court. D. A child under seven years of age will be competent to give evidence if she understands what it means to tell thetruth, has sufficient intelligence, and can communicate effectively.