27 Oct B and D belong to rival gangs. One night a fight breaks out between the gangs and a passing motorist, C, is shot and injured.

B and D belong to rival gangs. One night a fight breaks out between the gangs and a passing motorist, C, is shot and injured. C lays a charge of attempted murder and during the course of the investigation, C gives a description of his assailants to the police. An identification parade is held and B and D are picked out from the line-up. B and D are thereafter charged. Answer the following questions with reference to the trial:

1.1 Two bullets are extracted from C at the hospital and when B and D are arrested, the investigating officer finds weapons in the possession of both B and D. What type of evidence is at issue here? Discuss with reference to the general rules applicable to this kind of evidence. (5)

1.2 Blood was also found at the scene of the crime and it matches the DNA-profile of B. What legal rules are applicable to this type of evidence?

1.3 Explain the competence and compellability of B and D as defence and prosecution witnesses. (10)

1.4 Assume that C is the only witness that can identify B and D as his attackers. Fully discuss, with reference to decided cases, the evidential rules that the court will have to apply when evaluating C’s evidence at the end of the case. (10)

SECTION 2

A and C have just ended a six-month relationship. One day A goes out with his friend B, and B tells A that C is HIV positive. A, who has a volatile temper, gets furious and vows to “get back at C”. The next day A and B notice C walking down the street and they chase her into an alley. A attacks C and B blocks C’s escape out of the alley. C is seriously injured by A and taken to hospital. Both A and B are charged with assault with the intent to commit grievous bodily harm.

2.1 A realises what he has done and confesses. Assume that the only evidence available is A’s confession. What evidential rule is applicable? Fully discuss with reference to the requirements for the admissibility of confessions. (10)

2.2 B decides, after considering the situation, that he wishes to become a prosecution witness. What evidential rule is applicable to B’s evidence? Fully discuss with reference to applicable case law. (10)

2.3 Assume that you are the judicial officer in this matter. Outline the basic principles that you will apply in assessing the evidence presented in this case. (10) [30]

SECTION 3

A and B are married. A, the husband, frequently abuses B, his wife, and their children. After watching a television talk show on legal issues, including spousal rights, B, the wife, warns A of the legal consequences of abuse. A does not heed the warning, and B lays a charge of assault against A. B does not have a protection order. B comes to you for legal advice concerning the following:

3.1 B is emotionally and psychologically traumatised, and she is concerned that her weakened demeanour, when compared with A’s over-confidence, will be detrimental to her case. Discuss the significance of personal appearance in a trial. (5)

3.2 A has intimidated and threatened B on numerous occasions because of the charge and B is afraid to testify. She wonders if she can be regarded as competent or forced to testify for the prosecution. Discuss. (10)

3.3 A states that even if B proceeds with the case, he will not testify. A claims that the court cannot render a decision in the absence of his testimony. Explain the relationship between the right to silence and the onus of proof. (5)

[20]

SECTION 4

Mrs Philanderer has grown tired of her husband’s suspected marital infidelities. She engages the services of a private detective who takes long-range photographs of Mr Philanderer engaged in improper extra-marital activities. Advise her, as her legal counsel, on the following questions, citing legal authority where applicable:

4.1 In any ensuing action for divorce, would these photographs be admissible as evidence? As what type of evidence should they be classified? Would it make any difference if the private detective had been making use of a digital camera? (10)

4.2 What should your course of action be if Mr Philanderer alleges that they had never been legally married in the first place? What possible evidence can Mrs Philanderer present to show that they are legally married and what are the requirements for the admissibility of

such evidence?

(10)