Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Colonel Sanreal, a police officer, is involved in a car accident with Mr Sly, a well-known attorney from Gauteng. Colonel Sanreal's car is badly damaged.

Colonel Sanreal, a police officer, is involved in a car accident with Mr Sly, a well-known attorney from Gauteng. Colonel Sanreal's car is badly damaged. The accident scene is attended by the experienced Captain Richman, who takes down notes about the accident. Captain Richman suggests that the drivers exchange contact details and encourages them to settle any possible insurance claims. Neither driver's blood is tested for alcohol. Shortly afterwards, the drivers meet, and after some negotiation, Mr Sly undertakes to pay the damages for Colonel Sanreal's car. A day later, however, Mr Sly is arrested and charged with drunken driving. Answer the following questions with reference to this set of facts:

1.1 Mr Sly requests a copy of the police docket to prepare for his defence. Will he be successful? Discuss with reference to applicable case law.

1.2 During Mr Sly's trial, the prosecution intends to call Captain Richman to testify as an expert witness about whether Mr Sly was drunk at the time of the accident. Do you think the court will allow this to happen? Fully discuss with reference to any possible requirements for admissibility.

1.3 It later emerges that Mr Sly made a statement without prejudice during the initial negotiations between himself and Colonel Sanreal. In this statement he admitted to having caused the accident. Colonel Sanreal intends to use this statement as evidence against Mr Sly in a civil claim if Mr Sly fails to pay the damages for his car. Do you think he will be successful? Discuss fully.

1.4 Further investigation reveals that Mr Sly has previous convictions for reckless and negligent driving as well as for drunken driving. Can this evidence be presented in court? Explain fully.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Law Express Tort Law

Authors: Emily Finch, Stefan Fafinski

8th Edition

129229549X, 978-1292295497

More Books

Students also viewed these Law questions

Question

=+b) State the hypotheses.

Answered: 1 week ago