Question
only answer 1.3 and 1.4 X is arrested and charged with the murder of a woman whom he had recently married. The victim was found
only answer 1.3 and 1.4
X is arrested and charged with the murder of a woman whom he had recently married. The
victim was found dead in her bath. The investigating officer, a captain in the SAPS, tells X
that the police are also investigating other murder cases against him and that he would
possibly not be charged with the other murders if he confesses to the current charge against
him. X goes ahead and confesses to the murder and also proceeds to point out a pair of
gloves hidden away in his garage. This pair of gloves was allegedly used in the process of
drowning the victim and has some of her hair attached to them. During the trial, however,
the accused, who stands to benefit financially from the woman's death, alleges that the
confession was not made voluntarily and also that the woman's death resulted from an
epileptic fit.
1.1 Fully discuss the admissibility of X's confession to the investigating officer. Refer to and
discuss all requirements for admissibility in your answer. (12)
1.2 Discuss the admissibility of X's pointing out of the gloves as evidence in terms of section
218(1) and section 218(2) of the Criminal Procedure Act 51 of 1977. (6)
1.3 Discuss the relevance and admissibility of circumstantial evidence with reference to the
facts of the question. (6)
1.4 The prosecution stands to admit evidence that X was previously convicted of murdering
another spouse of his who died under exactly the same circumstances. Will they be
successfully? Fully discuss with reference to section 211 of the Criminal Procedure Act
51 of 1977.
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