Question
The Question is based on South African Law of Evidence [LEV500] X is charged with the murder of Y, a 45-year-old taxi owner. An altercation
The Question is based on South African Law of Evidence [LEV500]
X is charged with the murder of Y, a 45-year-old taxi owner. An altercation between X and Y was triggered by X's failure to pass the fares that he had collected to the conductor of the taxi. When the taxi stopped, X was forcefully removed from the taxi by both Y and Z. Members of the public immediately gathered around them and the altercation continued. After sustaining some serious stab wounds, Y died on the scene. X pleads not guilty. Answer the following questions based on the above scenario:
3.1 The state wants to submit a knife found on the scene. What type of evidence is it and what are the requirements for its admissibility? (5)
3.2 The state submits a copy of the post-mortem report done after Y's death. What type of evidence is it and what are the requirements for its admissibility? (5)
3.3 List those instances where secondary evidence would be admissible in X's trial. (5)
3.4 Discuss the position with regards to the use of photos as evidence in X's trial. (10)
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