LEV3701 EXAM PACK/TOP SCORE

Question 1: Fully comment on the following statement “A co-accused isn’t a competent witness for the state, whether to prove the case against him or against the accused” (5) Co-Accused: Were acc used persons are tried together, they are referred to as co-accused. Co-Accused as prosecution witness: Co-accused is not a competent witness for the state, whether to prove the case against himself or against the co-accused, because he is also an accused. There may be circumstances where the state may call someone, who had previously been a co-accused, to testify. This happens when this person is no longer a co-accused in that case. It can happen in the following cases: (EXCEPTIONS) 1. Withdrawing the charge against the co-accused. 2. By finding the co-accused not guilty. 3. By co-accused entering a plea of guilty. 4. If trial of the accused & his co-accused are separated for some valid reason. Sec 157(2) of the CPA: Ito this sec, upon separation of trials, the co-accused may the give evidence against 1 another, but it is advisable that the accused, which the state intends, calling on to give evidence, should 1st be sentenced