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LEV3701 Assignment 1 (DETAILED ANSWERS) Semester 2 2023
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LEV3701ASSIGNMENT 1 SEMESTER 2 2023
, Lev3701 - assignment 1
Q1
/ Semester2 / LEV3701-23-S2 / Welcome Message / Assessment
1
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Question 1
. . . A Not yet answered
Consider the following statements about the onus of proof and the evidentiary burden and
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choose the correct option: 1111121131 14
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15
@® 1. The accused bears the onus of proof regarding a defence of criminal non- responsibility
on account of mental illness or mental defect. .
Finish attempt ..
O 2. When the onus of proof in criminal matters rests upon the defence, proof beyond a
reasonable doubt is required.
O 3. At the start of a criminal trial, the state is only burdened with the burden of proof.
O 4. The Court in S v Eadie 2002 (1) SACR 663 (SCA) interprets section 78(1B) of the Criminal
Procedure Act 51 of 1977 to mean that a defence of sane automatism now imposes a
burden of proof on the accused and not merely an obligation to raise the defence.
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2023 / Semester2 / LEV3701-23-S2 / Welcome Message / Assessment1
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Question 2
The accused is forced to point out the gun that he used to kill his wife. The gun, which has the Marked out of 1.00
accused’s fingerprints on it, will be . . _ , @
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@ 1. admissible in terms of section 218(1) of the Criminal Procedure Act 51 of 1977. Finish attempt .
O 2. inadmissible in terms of section 218(2) of the Criminal Procedure Act 51 of 1977.
O 3. inadmissible in terms of section 218(1) of the Criminal Procedure Act 51 of 1977.
O 4. admissible in terms of section 218(2) of the Criminal Procedure Act 51 of 1977.
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