Name: Thandi Buthelezi
Student No.: 64761606
LEV3701- LAW OF EVIDENCE
Question 01
1.1 The Cautionary Rule
-The cautionary rule is a rule of practice bearing the mandatory
character of a legal rule that prescribes a specific approach to be
adopted by the court when evaluating certain evidence:
-The requirements of this rule are:
1. that the court should be cautious when assessing evidence
that experience has shown should be viewed with suspicion
2. the court should seek some other safeguard reducing the risk
of a wrong finding based on the suspect evidence
3. the ultimate purpose of the cautionary rule is to exclude the
possibility of the court reaching an incorrect finding. The real
test is whether the court is satisfied on rational grounds that
the witness or the evidence is reliable.
-The evidence of young children should be treated with caution due
to their imaginativeness and suggestibility. There is also no
requirement that a child’s evidence must be strengthened or
corroborated. The court needs to be sure that the child understands
that it is of utmost importance that they tell the truth. Trustworthiness
will depend on the child’s ability to recall events and observations as
well as their ability just to observe. At present, the position is that the
cautionary approach must be applied to child evidence even though it
has been suggested that it should not be.
A single witness
- Statutory provisions have made it possible for a court to convict a
person based on single evidence. This is according to Section 208 of
, the Criminal Procedure Act as well as Section 16 of the Civil
Proceedings Evidence Act.
- If the court is satisfied that the evidence is satisfactory, it may but
does not have to regard it as sufficient to convict.
- A single witness may be for only one aspect of a case and numerous
single witnesses may be required to prove each aspect.
- In S v Webber, it was held that, the evidence of a single witness
should be approached with caution but need not be rejected merely
because of bias. The bias needs to be assessed in the light of the
evidence as a whole.
1.2 A co-accused as a witness
A co-accused is an incompetent witness for the state in the sense that
he is also an accused.
Section 157 of the Criminal Procedure Act states that at any point
during a trial, the court may order a separation of trials so that the
one accused is no longer a co-accused in the other’s trial. The state
may call someone who had previously been a co-accused, to testify.
This occurs when the person is no longer a co-accused in that case.
This can happen by:
1. Withdrawing the charge against the co-accused. This however
does not amount to an acquittal and the former accused can be
prosecuted again;
2. Finding the accused not guilty;
3. The accused entering a plea of guilty ;
4. If the trials of the accused and his co-accused are for some valid
reason, separated
A co-accused as a defence witness
A, the co-accused may testify in defence of B, the accused and vice
versa. However, A, the co-accused may not be compelled to testify in
Student No.: 64761606
LEV3701- LAW OF EVIDENCE
Question 01
1.1 The Cautionary Rule
-The cautionary rule is a rule of practice bearing the mandatory
character of a legal rule that prescribes a specific approach to be
adopted by the court when evaluating certain evidence:
-The requirements of this rule are:
1. that the court should be cautious when assessing evidence
that experience has shown should be viewed with suspicion
2. the court should seek some other safeguard reducing the risk
of a wrong finding based on the suspect evidence
3. the ultimate purpose of the cautionary rule is to exclude the
possibility of the court reaching an incorrect finding. The real
test is whether the court is satisfied on rational grounds that
the witness or the evidence is reliable.
-The evidence of young children should be treated with caution due
to their imaginativeness and suggestibility. There is also no
requirement that a child’s evidence must be strengthened or
corroborated. The court needs to be sure that the child understands
that it is of utmost importance that they tell the truth. Trustworthiness
will depend on the child’s ability to recall events and observations as
well as their ability just to observe. At present, the position is that the
cautionary approach must be applied to child evidence even though it
has been suggested that it should not be.
A single witness
- Statutory provisions have made it possible for a court to convict a
person based on single evidence. This is according to Section 208 of
, the Criminal Procedure Act as well as Section 16 of the Civil
Proceedings Evidence Act.
- If the court is satisfied that the evidence is satisfactory, it may but
does not have to regard it as sufficient to convict.
- A single witness may be for only one aspect of a case and numerous
single witnesses may be required to prove each aspect.
- In S v Webber, it was held that, the evidence of a single witness
should be approached with caution but need not be rejected merely
because of bias. The bias needs to be assessed in the light of the
evidence as a whole.
1.2 A co-accused as a witness
A co-accused is an incompetent witness for the state in the sense that
he is also an accused.
Section 157 of the Criminal Procedure Act states that at any point
during a trial, the court may order a separation of trials so that the
one accused is no longer a co-accused in the other’s trial. The state
may call someone who had previously been a co-accused, to testify.
This occurs when the person is no longer a co-accused in that case.
This can happen by:
1. Withdrawing the charge against the co-accused. This however
does not amount to an acquittal and the former accused can be
prosecuted again;
2. Finding the accused not guilty;
3. The accused entering a plea of guilty ;
4. If the trials of the accused and his co-accused are for some valid
reason, separated
A co-accused as a defence witness
A, the co-accused may testify in defence of B, the accused and vice
versa. However, A, the co-accused may not be compelled to testify in
