Evidence 2 Question Paper

Evidence 2

Course:Bachelor Of Laws

Institution: Kenyatta University question papers

Exam Year:2011

KENYATTA UNIVERSITY
LPR 203:EVIDENCE 2
SECOND CONTINUOUS ASSESSMENT TEST

Instructions:-
a)University examination regulations strictly apply.
b)Answer all questions
c)Brevity and legibility will be highly appreciated
d)Support your answers with case law and statute.

Question One:-

Fanyana has been charged with attempted rape of Mpumi, his colleague at work. Fanyana denies the charge and further denies that he was at Mpumi's place at the time in question. Fanyana however accepts that he was at Mpumi's place earlier in the week and that Mpumi had pestered him for sex and he had declined whereupon Mpumi threatened to make life difficult for him.

In the course of investigations, Dludlu, a police officer discovers that Fanyana had confided to Vilakazi, his long time female companion that he had once, on impulse, attempted to waylay a girl called Vuyelwa in a remote part of the country for quick sex years back. Dludlu has traced Vuyelwa who confirms that attempt on her person but unfortunately failed to identify Fanyana at the identification parade. Dludlu also came across a statement Fanyana made to Mpumi's friend, Vuvu, outside court where he said that, 'I did it but the dudes will not make it stick on me'. Fanayana denies the statement and claims that Vuvu has a grudge against him in relation to some past unpleasant encounters. Investigations also reveal that Fanyana was once convicted of attempted assault on a female college student five years past in another town.

The prosecution intends to call Mpumi, Dludlu, Vilakazi, Vuyelwa, Vuvu and Vuguvugu, Fanayana's wife to testify in the attempted rape case.

Fanayana has retained you as his defence counsel, is toying with the idea of taking the witness stand but before making up his mind, requires a brief on the evidence of each of the intended prosecution witnesses and the attendant principles and rules. advice him.
(8 marks)

Question Two:

Patrick is charged with theft of a huge sum of money. The police suspect that the money has been deposited by his wife, Jane, with their solicitor, Jeffery, for safe keeping. Jeffery has however been told that the money was won at a weekend horse racing bet. Jeffery suspects fraud.

Meanwhile, in the course of investigations, the police discover that Patrick had an accomplice, Walter. Walter has agreed to turn state witness and intends to testify.

On arrest, however, and on being told that he was being arrested for theft of a huge sum of money, Patrick maintained his silence and only asked to be granted immediate access to a lawyer.

The prosecution has taken the view, inter alia, that Patrick's silence on arrest is proof of guilt. the case has drawn tremendous public interest. The prosecution, emboldened by the huge public interest, intends to call Jane, Jeffery and Walter as prosecution witnesses.

With the aid of case law and statutory provisions, give a considered and scholarly opinion to Patrick on the evidenciary issues involved.
(7 marks)

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