ADPP investigation Session 2
what does the prosecution need to prove in order to establish that a person is criminally liable for a
particular act? - Answer-Actus reus: refers to the act or omission that comprise the physical elements of
a crime as required by statute.
Mens Rea: the intention or knowledge of wrongdoing that constitutes part of a crime.
do you need to prove Actus Reus and Mens Rea for a traffic offence? - Answer-NO
you only need to prove the Actus Reus as it is a "strictly liability" matter and you don't need to prove the
guilty mind.
what does the THIS principle stand for? - Answer-T - Time
H - History
I - Intelligence
S - Situation
what are the 3 basic concepts that will determine the admissibility of evidence? - Answer-1. is it
Relevant
2. is it Reliable
, 3. is it Fair
what types of evidence are there? - Answer-1. Original evidence: what a person saw, heard, smelt,
tasted or felt with their own senses
2. Real evidence: any record of information, map, drawing or photographs.
3. Documentary evidence: tendering of physical objects for inspection by the court.
what is Opinion evidence (Lay evidence)? - Answer-this is where the court permits a witness who is not
testifying as an expert to testify in the form of an opinion An inference drawn from observed and
communicable data or facts.
what does the ADVOKAT acronym stand for? - Answer-A- Amount of time under observation
D- Distance from the incident/ person under observation.
V- Visibility What was the visibility at the time?
O- Obstruction to line of sight
K- known or seen before
A- Any reason to notice
T- Time elapsed since you last observed the person?
what does the Acronym TEDS stand for? - Answer-1. Tell me
2. Explain to me
3. Describe to me
4. Show me
what does the acronym for the PEACE model mean? - Answer-P- planning and preparation
what does the prosecution need to prove in order to establish that a person is criminally liable for a
particular act? - Answer-Actus reus: refers to the act or omission that comprise the physical elements of
a crime as required by statute.
Mens Rea: the intention or knowledge of wrongdoing that constitutes part of a crime.
do you need to prove Actus Reus and Mens Rea for a traffic offence? - Answer-NO
you only need to prove the Actus Reus as it is a "strictly liability" matter and you don't need to prove the
guilty mind.
what does the THIS principle stand for? - Answer-T - Time
H - History
I - Intelligence
S - Situation
what are the 3 basic concepts that will determine the admissibility of evidence? - Answer-1. is it
Relevant
2. is it Reliable
, 3. is it Fair
what types of evidence are there? - Answer-1. Original evidence: what a person saw, heard, smelt,
tasted or felt with their own senses
2. Real evidence: any record of information, map, drawing or photographs.
3. Documentary evidence: tendering of physical objects for inspection by the court.
what is Opinion evidence (Lay evidence)? - Answer-this is where the court permits a witness who is not
testifying as an expert to testify in the form of an opinion An inference drawn from observed and
communicable data or facts.
what does the ADVOKAT acronym stand for? - Answer-A- Amount of time under observation
D- Distance from the incident/ person under observation.
V- Visibility What was the visibility at the time?
O- Obstruction to line of sight
K- known or seen before
A- Any reason to notice
T- Time elapsed since you last observed the person?
what does the Acronym TEDS stand for? - Answer-1. Tell me
2. Explain to me
3. Describe to me
4. Show me
what does the acronym for the PEACE model mean? - Answer-P- planning and preparation
