Description
LEV3701 Assignment 2 Semester 2 2026 – Due September 2026
submission is presented in a clear and consistent way.
Assessment Question
The accused is arrested in the early hours of the morning after a collision
allegedly involving his vehicle and his neighbour’s wall. The accused is charged
with drunken driving and certain alternative charges. The neighbour, Mr X, is
called to come and testify, and, during his testimony, the state seeks to introduce
into evidence photographs taken and voice recordings made by Mr X with his cell
phone on the morning in question. These images and recordings contain relevant
evidence of the accused’s condition and conduct at the scene of the crime and
were downloaded by Mr X from his cell phone to his laptop computer and later to
a memory stick, and eventually onto a compact disc. Prior to the commencement
of the trial, the cell phone was stolen.
(1)With reference to the facts of the question, fully discuss originality and
authenticity as requirements for the admissibility of documentary evidence. (8)
(2)Fully discuss the admissibility of the photographs and voice recordings as
evidence in terms of section 15 of the ECT Act 25 of 2002. Start your answer by
explaining the meaning of a data message. (8)
(3) Accept that the photographs and voice recordings are found to be inadmissible
by the court and that the only other evidence against the accused is an admissible
confession that he had made to a magistrate on the day in question. What must
happen before a conviction may follow on the accused’s confession? Do not
discuss the admissibility requirements for confessions in your answer. (4)
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