10-mark question · Part C · Law of Evidence

A prostitute was murdered while asleep at her home by slitting her throat with a razor. She was taken to hospital, where her mother, a surgeon, and a Magistrate put questions to her about the identity of the accused. She was unable to speak because of the injury to her throat but was able to respond by signs or gestures of her hand. She made a negative sign when some names were mentioned, but a positive sign when the accused's name was mentioned. She later died. Discuss the evidentiary value of the signs and gestures made by her.

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• Law of Evidence · January 2020 (5-YDC) Mapped paper Download

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