LCR4805
ASSIGNMENT 2 (SEMESTER 2)
DUE DATE: 13 September 2023
QUICK VIEW:
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?
ANSWER:
Yes, the video recording captured on David's dash camera can be used as evidence in a court of law. In
many jurisdictions, including South Africa, video evidence is admissible in court if it meets certain criteria.
These criteria generally include:
1. Authentication: The video must be authenticated to establish its accuracy and reliability. This can
often be done by verifying the source of the video (in this case, David's dash camera) and
confirming that it has not been tampered with.
2. Chain of Custody: The court will want to ensure that the video has been handled and stored
properly to maintain its integrity. This includes documenting who had access to the video and
under what circumstances.
3. Relevance: The video must be relevant to the case and have probative value. In this scenario, the
video captures the road-rage incident in question, which is directly relevant to the criminal charges
Terms of Utilisation:
against the truck driver.
1. Educational and Reference: You may use this document for educational, reference, and comparison purposes.
4. No
2. Hearsay:
Duplication orVideo evidence
Misrepresentation: You aremay betosubject
not allowed to rulesthis
duplicate or misrepresent against
document'shearsay,
content as yourwhich
own work. means that the content of
3.
the video must not be offered for the truth of the matter asserted unless it falls under a recognized
Accept Consequences: If you misuse or plagiarize this document, you accept responsibility for any resulting consequences.
exception.
Your use of this document signifies your agreement to these terms. Failure to comply may lead to legal action or other appropriate measures.
ASSIGNMENT 2 (SEMESTER 2)
DUE DATE: 13 September 2023
QUICK VIEW:
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?
ANSWER:
Yes, the video recording captured on David's dash camera can be used as evidence in a court of law. In
many jurisdictions, including South Africa, video evidence is admissible in court if it meets certain criteria.
These criteria generally include:
1. Authentication: The video must be authenticated to establish its accuracy and reliability. This can
often be done by verifying the source of the video (in this case, David's dash camera) and
confirming that it has not been tampered with.
2. Chain of Custody: The court will want to ensure that the video has been handled and stored
properly to maintain its integrity. This includes documenting who had access to the video and
under what circumstances.
3. Relevance: The video must be relevant to the case and have probative value. In this scenario, the
video captures the road-rage incident in question, which is directly relevant to the criminal charges
Terms of Utilisation:
against the truck driver.
1. Educational and Reference: You may use this document for educational, reference, and comparison purposes.
4. No
2. Hearsay:
Duplication orVideo evidence
Misrepresentation: You aremay betosubject
not allowed to rulesthis
duplicate or misrepresent against
document'shearsay,
content as yourwhich
own work. means that the content of
3.
the video must not be offered for the truth of the matter asserted unless it falls under a recognized
Accept Consequences: If you misuse or plagiarize this document, you accept responsibility for any resulting consequences.
exception.
Your use of this document signifies your agreement to these terms. Failure to comply may lead to legal action or other appropriate measures.
