LCR4805
Assignment 2
Semester 2 – 2023
Question 1
One evening while driving home after work, Thabo was involved in a road-rage
incident. The driver of a truck didn’t like how Thabo was driving. He forced
Thabo’s car to stop, got out of his truck and smashed in the windscreen of
Thabo’s vehicle with a metal pipe. He pulled Thabo out of his vehicle, shouted
at him, waved his arms in the air, climbed back into his truck and drove off. It
turned out that another motorist on the scene, David, who was right behind
Thabo’s vehicle, had a camera installed on the dash of his car, which
automatically records everything in the view of the camera through the
windscreen of the vehicle. This road rage incident was also captured by David’s
dash camera. The truck driver was later arrested and has to face criminal
charges. Thabo approaches you as his attorney. Advise him as to whether this
video recording captured on David’s dash camera can be used as evidence in a
court of law? [10]
This question deals with the admissibility of a cell phone video as evidence in a court
of law.
Video evidence
According to the traditional view of graphics, audio and video, it was regarded as real
evidence. The reason for this was that graphics were recorded on photo paper, audio
Assignment 2
Semester 2 – 2023
Question 1
One evening while driving home after work, Thabo was involved in a road-rage
incident. The driver of a truck didn’t like how Thabo was driving. He forced
Thabo’s car to stop, got out of his truck and smashed in the windscreen of
Thabo’s vehicle with a metal pipe. He pulled Thabo out of his vehicle, shouted
at him, waved his arms in the air, climbed back into his truck and drove off. It
turned out that another motorist on the scene, David, who was right behind
Thabo’s vehicle, had a camera installed on the dash of his car, which
automatically records everything in the view of the camera through the
windscreen of the vehicle. This road rage incident was also captured by David’s
dash camera. The truck driver was later arrested and has to face criminal
charges. Thabo approaches you as his attorney. Advise him as to whether this
video recording captured on David’s dash camera can be used as evidence in a
court of law? [10]
This question deals with the admissibility of a cell phone video as evidence in a court
of law.
Video evidence
According to the traditional view of graphics, audio and video, it was regarded as real
evidence. The reason for this was that graphics were recorded on photo paper, audio
