Exam (elaborations)
LEV3701 EXAM PACK 2024
- Course
- Lev3701
- Institution
- University Of South Africa
LATEST EXAM PACK QUESTIONS AND ANSWERS AND SUMMARIZED NOTES FOR EXAM PREPARATIONS. UPDATED FOR 2024 EXAMS
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LEV3701EXAM
PACK 2024
LATEST EXAM PACK QUESTIONS AND
ANSWERS AND SUMMARIZED NOTES
FOR EXAM PREPARATIONS.
UPDATED FOR 2024 EXAMS
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7 LEV3701
Oct/Nov 2021
IMPORTANT NOTICE
All four (4) sections of this paper are compulsory and must be completed on one
examination script.
SECTION 1
At the age of 14 the complainant was raped by two young men. At the time of the rape she did not
report the matter to her parents or lay charges, but briefly told a friend about the incident. Nineteen
years later she met one of her assailants, which revived memories of her ordeal and prompted her
to lay charges against the men who had raped her. Answer the following questions relating to the
trial:
1.1 During argument, the defence submits that because the complainant is a single witness, and
since the case is of a sexual nature, the court cannot give any value to her evidence. Do you
agree? Fully discuss with reference to decided cases and legislation. (12)
1.2 Discuss the competence and compellability of the co-accused as a defence witness and as a
prosecution witness. (8)
1.3 Explain, in view of the Constitutional right to silence, whether the two accused can be convicted
if they fail to testify. (4)
1.4 Can corroboration play any part in the state’s case? Explain with reference to the definition of
and requirements for corroboration. (6)
[30]
SECTION 2
A student is charged with the alleged rape of a fellow student. During the trial, the victim testifies that
the rape took place one night after a function on a deserted part of the campus. She explains that
she was involved in a serious battle with her assailant and identifies the accused as her attacker.
During cross-examination it is put to her that she is lying, because she couldn’t have observed the
assailant’s identity properly. The accused also cross-examines her about her sexual relations with
various other men and indicates that he intends calling witnesses in this regard. The prosecutor
responds by calling the complainant’s friend who testifies that the complainant had given her a similar
version of the events that very same night. She also testifies to what the complainant had said about
the identity of her assailant.
2.1 Fully discuss, with reference to the Criminal Procedure Act of 1977 and guidelines from case
law, whether you would also have allowed the questions that were put to the complainant
during cross-examination. Also explain whether you will allow him to call witnesses in this
regard. (10)
2.2 Because of the nature of the crime, the complainant’s friend could testify as an exception.
However, before this exception can apply, certain requirements must be satisfied. Fully discuss
the exception and requirements with reference to decided cases. (10)
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8 LEV3701
Oct/Nov 2021
2.3 If the prosecutor never called the complainant to testify, this changes the nature of the evidence
that the complainant’s friend can present. Fully explain whether you would still allow the friend
to come and testify under such circumstances. Give a definition of this type of evidence in your
answer and refer to section 3(1)(c) of the Law of Evidence Amendment Act 45 of 1988 and
decided cases. (10)
[30]
SECTION 3
The accused is charged with murder. The state’s principal witness stands to testify that she had
seen the accused shoot the deceased and that she had also seen something fall from the accused’s
pocket during the shooting. She will also testify that she returned to the scene after the accused had
left and had retrieved the object and discovered that it was a cellphone. She will testify that she gave
the phone to a member of the gang to which her partner belonged. The phone was eventually handed
over to the police. Data retrieved from the phone contain images that could be used in the
prosecution of the accused in that they could prove that the phone belonged to the accused. At the
trial the defence objects to the admissibility of this evidence on several grounds and claims that the
accused had lost his phone the day before the shooting and that the phone before court was not his.
Fully discuss the following issues with reference to cases and legislation where applicable:
3.1 Would you agree with the prosecution that the evidence is real evidence and that there are no
special requirements for admissibility? (5)
3.2 If it is accepted that the images are documentary evidence, fully discuss the relevance of
sections 14 and 15 of the Electronic Communications and Transactions Act 25 of 2002 as far
as the admissibility of the relevant evidence is concerned. (10)
3.3 Fully discuss the relevance of the common law requirements for the admissibility of
documentary evidence with reference to the above set of facts. (10)
3.4 How must the court approach the identification evidence in the case? (5)
[30]
SECTION 4
Fully explain the difference between an admission, a confession and a pointing-out. Refer to relevant
cases and requirements for admissibility in your answer. (10)
[10]
Total: [100]
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SECTION 1
1.1. During argument, the defence submits that because the complainant is a
single witness, and since the case is of a sexual nature, the court cannot
give any value to her evidence. Do you agree? Fully discuss with reference
to decided cases and legislation.
In S v Webber1 the court held that the evidence of a single witness can be relied
upon when it is clear and satisfactory in every material respect. However It cannot be
relied upon, for example, where the witness has a conflicting interest to that of the
accused or is biased against the accused. A conviction is possible on the evidence
of a single witness. Such witness must be credible and the evidence should be
approached with caution. Due consideration should be given to factors which affirm
and factors which detract from the credibility of the witness. The probative value of
the evidence of a single witness should also not be equated with that of several
witnesses.
The cautionary rule that used to exist in cases of a sexual nature was effectively
abolished in S v Jackson2. the court endorsed the statement that it is up to the
judge’s discretion to exercise caution. The strength and terms of the cautionary
approach will depend on the content and manner of the witness’s evidence and the
way in which it is given, the circumstances of the case, and the issues raised. The
position remains that if there is another basis for considering the evidence to be
unreliable, then caution is applicable. In this regard, one can simply refer to other
recognised instances where caution should be applied, such as in the case of the
witness being a single witness, or an accomplice, or where the evidence relates to
identification.
A court may not approach the evidence of a complainant in criminal proceedings
involving the commission of a sexual offence with caution merely on account of the
nature of that offence.
Considering the facts in the case and arguments above, the court should consider
the evidence provided.
1
S v Webber 1971 (3) SA 754 (A)
2
S v Jackson (35/97) [1998] ZASCA 13; 1998 (4) BCLR 424 (SCA)
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