LEV3701 Assignment
1 QUIZ Semester 2
2024 (150297)- DUE
21 August 2024
QUESTIONS WITH CPMPLETE ANSWERS
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[Course title]
,LEV3701 Assignment 1 QUIZ Semester 2 2024 (150297)- DUE 21 August 2024
Question 1
Consider the following statements about the compellability of spouses to testify and choose the
correct option:
1. Section 195 of the Criminal Procedure Act 51 of 1977 has, to some extent, been amended by
section 68 of theCriminal Law (Sexual Offences and Related Matters) Amendment Act 32 of
2007. Subsection 195(1)(a) nowexcludes a child that is merely in the care of the wife or the
husband.
2. In terms of section 196 of the Criminal Procedure Act 51 of 1977, the spouse of an accused is
a competent as wellas a compellable witness in defence of that accused, but only when such an
accused is jointly charged withsomeone else.
3. Section 195 of the Criminal Procedure Act 51 of 1977 is applicable not only to people who are
married whentestifying is at stake, but also to people who were married when the relevant crime
was committed, even though themarriage has been dissolved in the meantime.
4. If the accused is jointly charged with someone else, the spouse of such an accused will be
competent andcompellable to give evidence on behalf of that co-accused
Question
A crowd of people that are attending a rock concert are attacked and robbed of their wallets and
jewelry. X, Y and Z, membersof the audience, capture footage of the criminals on a camera (non-
digital), a video-camera (non-digital) and a cellular-phonerespectively. The robbers are caught
, and charged with robbery. Consider the following statements about the trial evidenceand choose
the correct option:
1. The photograph taken by X can be regarded as documentary evidence because it is used to
represent somethingthat is the subject matter of the court case.
2. According to S v Mpumlo 1986 (3) SA 485 (E) and S v Baleka (1) 1986 (4) SA 192 (T) the
videotape footage by Y canbe classifi ed as documentary evidence.
3. The data message captured on Z’s cellular phone depicting the robbery is inadmissible and
carries no evidentialweight.
4. According to S v Singh 1975 (1) SA 330 (N) and S v Ramgobin 1986 (4) SA 117 (N) the
videotape footage by Y can beclassifi ed as real evidence.
Question 3
Consider the following statements and choose the correct option:
1. Microfi lm is readable with the naked eye and is usually submitted for its subject-content. It is
therefore treated asdocumentary evidence.
2. The subject of a theft case is an historical photograph that was stolen from a museum. The
photograph will betreated as documentary evidence.
3. A person is charged with the unlawful possession of pornographic photographs. The court will
treat the photographsas real evidence.
4. “Offi cial documents” is another term for public documents that are kept under the supervision
or control of theDirector of Public Prosecutions.
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