Law of Evidence (LEV3701)
Assignment 3
– 2024
Question 1
X is arrested and charged with the murder of his wife. The victim was found dead in her
bath. The investigating officer, a captain in the SAPS, tells X that the police are also
investigating other murder cases against him and that he would possibly not be charged
with the other murders if he confesses to the current charge against him. X, therefore
confesses to the murder and also proceeds to point out a pair of gloves hidden away in
his garage. This pair of gloves was allegedly used in the process of drowning the victim
and has some of her hair attached to them. Consider the following statements and
choose the correct option:
1) Because the pointing out was voluntarily made, it will be admissible evidence in
terms of section 218(1) of the Criminal Procedure Act 51 of 1977.
2) Because the confession was made to a captain in the SAPS, it will be admissible
evidence.
3) X's statement to the captain is an inadmissible confession.
4) Because the pointing out was voluntarily made, it will be admissible evidence in
terms of section 218(2) of the Criminal Procedure Act 51 of 1977.
Question 2
Mrs Philanderer has grown tired of her husband's suspected marital infidelities. She
engages the services of a private detective who takes long-range photographs with his
camera of Mr Philanderer engaged in improper extra-marital activities. Mrs Philanderer
By Ms Chetty
, intends using these photographs in court. Consider the following statements and
choose the correct option:
1) The photographs will be real evidence.
2) The photographs will be documentary evidence.
3) The photographs will be evidence of uncertain classification.
4) The photographs will be expert evidence.
Question 3
Consider the following statements and choose the correct option:
1) Leading questions may be asked during the re-examination of a witness.
2) Leading question may not be asked during the cross-examination of a witness.
3) Re-examination is similar to examination-in-chief in that both are conducted by the
party who called the witness.
4) After having been re-examined by the opponent, a witness may be cross-examined
by the party who originally called her.
Question 4
Formal and informal admissions in criminal cases are different in that ....
1) formal admissions can only be made by the legal representative of the accused,
whereas an informal admission can only be made by the accused.
2) formal admissions place the fact admitted beyond dispute, but informal
admissions do not.
3) formal admissions must be made during some formal proceeding, but informal
admissions can only be made outside of court before the trial commences.
4) someone needs to testify about an informal admission, but no oral evidence is
needed for a formal admission to become part of the evidence.
By Ms Chetty
Assignment 3
– 2024
Question 1
X is arrested and charged with the murder of his wife. The victim was found dead in her
bath. The investigating officer, a captain in the SAPS, tells X that the police are also
investigating other murder cases against him and that he would possibly not be charged
with the other murders if he confesses to the current charge against him. X, therefore
confesses to the murder and also proceeds to point out a pair of gloves hidden away in
his garage. This pair of gloves was allegedly used in the process of drowning the victim
and has some of her hair attached to them. Consider the following statements and
choose the correct option:
1) Because the pointing out was voluntarily made, it will be admissible evidence in
terms of section 218(1) of the Criminal Procedure Act 51 of 1977.
2) Because the confession was made to a captain in the SAPS, it will be admissible
evidence.
3) X's statement to the captain is an inadmissible confession.
4) Because the pointing out was voluntarily made, it will be admissible evidence in
terms of section 218(2) of the Criminal Procedure Act 51 of 1977.
Question 2
Mrs Philanderer has grown tired of her husband's suspected marital infidelities. She
engages the services of a private detective who takes long-range photographs with his
camera of Mr Philanderer engaged in improper extra-marital activities. Mrs Philanderer
By Ms Chetty
, intends using these photographs in court. Consider the following statements and
choose the correct option:
1) The photographs will be real evidence.
2) The photographs will be documentary evidence.
3) The photographs will be evidence of uncertain classification.
4) The photographs will be expert evidence.
Question 3
Consider the following statements and choose the correct option:
1) Leading questions may be asked during the re-examination of a witness.
2) Leading question may not be asked during the cross-examination of a witness.
3) Re-examination is similar to examination-in-chief in that both are conducted by the
party who called the witness.
4) After having been re-examined by the opponent, a witness may be cross-examined
by the party who originally called her.
Question 4
Formal and informal admissions in criminal cases are different in that ....
1) formal admissions can only be made by the legal representative of the accused,
whereas an informal admission can only be made by the accused.
2) formal admissions place the fact admitted beyond dispute, but informal
admissions do not.
3) formal admissions must be made during some formal proceeding, but informal
admissions can only be made outside of court before the trial commences.
4) someone needs to testify about an informal admission, but no oral evidence is
needed for a formal admission to become part of the evidence.
By Ms Chetty
