LEV3701 ASSIGNMENT 2 QUIZ ANSWERS SEMESTER 1 2025

LEV3701 ASSIGNMENT 2 QUIZ ANSWERS • A shoots and kills his wife’s lover in his wife’s presence and is subsequently charged with murder. A's wife is a witness. A's wife is ... A.both an identifying witness and a single witness. B. incompetent to testify on behalf of the state. C.only a single witness D.only an identifying witness. • Consider the following statements regarding marital privilege and choose the correct option: A.A third party that overhears a conversation between two spouses cannot testify about that communication in a court of law. B.Marital privilege belongs to the party who made a specific communication. C.Marital privilege applies to communications made during the marriage. If the spouses get divorced, that privilege will no longer apply to communications made during the marriage D. During a domestic violence dispute, a husband points a gun at his wife and verbalises his intention to kill her and the children. In a following criminal case, the wife can be compelled to testify about the pointing of the gun but can refuse to testify about what the husband said to her during the dispute, • The complainant, an alcoholic, alleges that she was raped in an ambulance by an assistant who claims that the complainant consented to the sexual intercourse. At the hospital, she repeatedly alleged rape and was overheard by a nurse. During the trial, the complainant, suffering from alcoholic amnesia, cannot remember her repeated statements. Consider the following options and choose the correct answer: A.Her statements at the hospital are inadmissible self-serving statements that cannot be admitted because of the rule against self-corroboration. B.Her statements at the hospital are inadmissible hearsay. C.Her statements at the hospital are admissible previous consistent statements because it shows her state of mind at the time of the rape. D.Her statements at the hospital are admissible hearsay. • Consider the following statements about admissions and choose the correct option: A.Formal admissions in civil matters can be withdrawn without permission from the court. B.Formal admissions in criminal matters are so called because a magistrate must formally confirm and reduce them to writing before the trial commences C.Evidence about an involuntary pointing out will be admissible if a relevant fact is discovered because of such a pointing out. D.Section 218(1) of the Criminal Procedure Act 51 of 1977 essentially states that evidence of any fact may be admitted at criminal proceedings, notwithstanding that the witness discovered such fact only in consequence of information given by an accused in a confession or statement which is not admissible. Consider the following statements about corroboration and choose the correct option: A.When a party is required to corroborate specific evidence, it means that he or she will carry a larger evidentiary burden than usual. B.Documentary evidence can never serve as corroborative evidence. C. All South African legal rules with respect to corroboration are derived from Canadian law. D.Evidence, which is normally inadmissible, may become admissible if the only purpose of it is to corroborate other evidence. • Consider the following statements about admissions and confessions and choose the correct option: A.A subjective test is used to determine whether a statement is an admission, and an objective test is used to determine whether such a statement was voluntarily made. B.A confession which was voluntarily made, but which is inadmissible because some other requirement for admissibility was not met, may still be admissible if it is relevant and contains an admission. C.A statement that is meant to be exculpatory can be an admission if, in the end, it is to the detriment of the maker thereof. D.A statement is a confession if it was freely and voluntarily made by a person in his sound and sober senses and without having been unduly influenced thereto. • A 14-year-old complainant was raped by two young men. At the time of the rape she did not report the matter to her parents or lay charges, but briefly told Vanessa, a friend, about the incident. Nineteen years later the complainant accidentally met one of her assailants. These revived memories of her ordeal and prompted her to lay charges against the men who raped her. The complainant testifies during the case. Consider the following statements and choose the correct option: A.Vanessa's evidence is evidence about a previous consistent statement. B.Vanessa's evidence is admissible hearsay evidence. C.Because the case is of a sexual nature, the court must approach the complainant's evidence with caution. D.Vanessa's evidence is inadmissible hearsay evidence. • Sipho and his wife, Eunice, have been experiencing marital difficulties for some time. One evening, while Sipho was supposedly working late, Eunice was stabbed to death. After a long investigation, the police arrested and charged Sipho with the murder of Eunice. At the trial, Sipho’s attorney attempts to have Sipho’s neighbour, Innocent, testify that his (Innocent’s) wife, Joyce, had told him (Innocent), that she was having an affair with Sipho, and that she had murdered Eunice out of jealousy and a “passionate desire” to be with Sipho. Innocent is ready and willing to testify. Although aware of the trial, Joyce decides to stay at home. The prosecution objects to the admissibility of Innocent’s evidence. Consider the following statements and choose the correct option: A.Joyce’s statement is inadmissible, because it was not confirmed and reduced to writing in the presence of a magistrate or a justice of peace. B.Joyce’s statement, which was made freely and voluntarily and while she was in her sound and sober senses and without undue influence, is admissible evidence of a confession. C.The prosecution will be successful with their objection since Joyce’s statement is privileged information. D.Innocent’s testimony about Joyce’s statement will be inadmissible hearsay evidence. • The plaintiff testifies that just before a road accident he had seen a lorry coming towards him. During cross-examination it is suggested to him that he is fabricating this sighting of the lorry because he did not mention the lorry when making his statement to the police. The plaintiff now wants to submit evidence that he mentioned the lorry to another witness shortly after the accident. This evidence will be ... A.admissible to corroborate the plaintiff's evidence. B.hearsay evidence. C.inadmissible due to irrelevance. D.admissible to support the plaintiff's credibility. • Cocky receives a summons in which his girlfriend institutes a civil action against him. She claims for damages because of a stab wound inflicted by Cocky. Cocky consults his lawyer, who draws up the plea, which includes the following statement: “Cocky stabbed the plaintiff in self-defence.” This statement is ... A.an informal admission. B.hearsay. C.a formal admission. D.a confession. • During a civil matter, the plaintiff wants to present the record of a witness’s evidence in a criminal trial based on the same facts, as evidence against the defendant. The evidence will be: A.hearsay evidence. B.evidence about a previous consistent statement. C.admissible opinion evidence. D.similar fact evidence. • Two accused are charged with dealing in cocaine. Accused A testifies that he received a packet with unknown contents from accused B to keep for accused B. He states that he had no knowledge of the contents of the packet and thus places the blame squarely on accused B. The prosecution now wants to question accused A about two previous convictions for possession of and dealing in cocaine. Such questioning by the prosecution ... A.will be admissible in terms of section 197 of the Criminal Procedure Act 51 of 1977. B.will be inadmissible in terms of section 197 of the Criminal Procedure Act 51 of 1977. C.will be admissible in terms of section 252 of the Criminal Procedure Act 51 of 1977. D.will be inadmissible in terms of section 211 of the Criminal Procedure Act 51 of 1977. • Consider the following statements about confessions and choose the correct option: A.A confession can only be used as evidence in court if it was also reduced to writing at the time it was made. B.A statement that contains a defence can never be a confession. C.If a confession is made to a justice of the peace, it must be confirmed and reduced to writing in the presence of a magistrate. D.If you make a confession to a friend (who is not also a peace officer), evidence about that confession will be inadmissible, unless your friend is also a justice of the peace. • A suspect is arrested for allegedly raping a victim and makes a statement to the police. Consider the following options and choose the correct answer: A.The suspect’s statement to the police will be a confession if he stated, “I raped her”. B.The suspect’s statement to the police will be a formal admission if he stated, “I raped her”. C.The suspect’s statement to the police will be a confession if he stated, “I had sex with her”. D.The suspect’s statement to the police will be a formal admission if he stated, “I had sex with her”. • Consider the following statements regarding legal professional privilege and choose the correct option: A.Legal professional privilege falls away if a statement can prove the innocence of an accused. B.If an accused testifies in court about what was said between him and his legal advisor, he or she can still claim the privilege at a later stage. C.If an agent provides information to a legal advisor, that communication will be privileged, in other words, the client can prevent such a person from revealing the information. D.If an independent third party provides information to a legal advisor, that communication will be privileged, in other words, the client can prevent such a person from revealing the information. • Confessions have certain characteristics. Consider the following statements and choose the statement that is not correct: A.Confessions are admissible at criminal and civil proceedings. B.Confession can only be made directly by the confessor C. Confessions may be made informally before a criminal trial or formally as a plea of guilty at trial. D.Confessions must be a direct and express oral or written statement. • 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: A. 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. B. X's statement to the captain is an inadmissible confession. C. Because the confession was made to a captain in the SAPS, it will be admissible evidence. D. 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. Consider the following statements about the privilege against self-incrimination and choose the correct option: A. A witness may refuse to enter the witness box and testify on the basis that, what he is about to say, is protected by privilege. B. According to S v Dlamini 1999 (2) SACR 51 (CC) no evidence given by an accused during a bail hearing can ever be used against him in the main trial. C. The privilege against self-incrimination is available to a witness who testifies at an inquest. D. The testimony given by a witness in a criminal case can never be used against him in a subsequent criminal case if the presiding officer at the first proceedings did not inform him of his rights as a witness. A is wounded during a robbery and found bleeding by B. A tells B: "I am alive". This evidence is tendered to show that A was in fact still alive at the time. B's evidence about what A told him will be ... A.admissible oral evidence. B.opinion evidence. C.inadmissible hearsay. D.admissible hearsay. • Consider the following statements about admissions and choose the correct option: 1. Evidence about an involuntary pointing out will be admissible if a relevant fact is discovered because of such apointing out. 2. Formal admissions in civil matters can be withdrawn without permission from the court. 3. Section 218(1) of the Criminal Procedure Act 51 of 1977 essentially states that evidence of any fact may beadmitted at criminal proceedings, notwithstanding that the witness discovered such fact only in consequence ofinformation given by an accused in a confession or statement which is not admissible. 4. Formal admissions in criminal matters are so called because a magistrate must formally confirm and reduce themto writing before the trial commences. • The accused, a medical doctor, is charged with two counts of sexual assault on two female patients that allegedly occurred while they were under hypnosis. The first count alleges that he had sexually assaulted a woman called "Mary" during a consultation on 12 April 2023. The second count alleges that he had sexually assaulted a woman called "Jane" on 2 May 2023. Mary committed suicide before the start of the trial. Several months before her death Mary had, however, made a statement to the police about the alleged assault. She had also told two friends, Ken and Allan, that the accused had sexually assaulted her. Jane also told her close friends about the sexual assault. Jane will be called as a witness during the trial. Consider the following statements and choose the correct option: 1. The statements Jane made to her friends are hearsay statements. 2. Because this is a case of sexual nature, the accused will in principle be allowed to call witnesses to testify about the character of Mary and Jane. 3. The statement Mary made to the Police is hearsay evidence. 4. The statements Mary made to Ken, Allan and the Police are previous consistent statements. A shoot and kills his wife’s lover in his wife’s presence and is subsequently charged with murder. A's wife is a witness. A's wife is ... 1. both an identifying witness and a single witness. 2. only a single witness. 3. only an identifying witness. 4. incompetent to testify on behalf of the state. 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. someone needs to testify about an informal admission, but no oral evidence is needed for a formal admission to become part of the evidence. 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. formal admissions place the fact admitted beyond dispute, but informal admissions do not. • Consider the following statements about admissions and confessions and choose the correct option: 1. By definition, confessions are also found in civil matters. 2. Informal admissions are termed as such because they are always made outside of court before a trail commences. 3. A statement that is meant to be exculpatory can be an admission if, in the end, it is to the detriment of the maker thereof. 4. According to S v Grove-Mitchell 1975 (3) SA 417 (A) the following statement is a confession: “I shot her full of holes, I emptied the gun on her”. • Consider the following statements about documentary evidence and choose the correct option: 1. If the content of a document must be proved, secondary evidence will sometimes be accepted, but such evidence must always be in writing. 2. An historical photo is stolen from a museum. In a subsequent theft case, such document will be classified as documentary evidence. 3. When the subject matter of a cinematographic film is at issue in court, it should be dealt with as documentary evidence. 4. Evidence that aims to prove the content of a document can be classified as hearsay evidence. • A 14-year-old complainant was raped by two young men. At the time of the rape she did not report the matter to her parents or lay charges, but briefly told Vanessa, a friend, about the incident. Nineteen years later the complainant accidentally met one of her assailants. These revived memories of her ordeal and prompted her to lay charges against the men who raped her. The complainant testifies during the case. Consider the following statements and choose the correct option: 1. Vanessa's evidence is admissible hearsay evidence. 2. Because the case is of a sexual nature, the court must approach the complainant's evidence with caution. 3. Vanessa's evidence is evidence about a previous consistent statement. 4. Vanessa's evidence is inadmissible hearsay evidence. • Consider the following statements about the evidence of an accomplice and choose the correct option: 1. A cautious approach is required only when the accomplice implicates the accused in the commission of the crime. 2. Caution is always essential when dealing with the evidence of an accomplice. 3. Corroboration by means of the evidence of another accomplice is not acceptable. 4. The risk of false incrimination is not reduced if the accomplice is a friend of the accused. • Consider the following statements about the evaluation of evidence and choose the correct option: 1. The silence of an accused may affect the evidentiary burden and could therefore cause the accused to be convicted. 2. In criminal cases the state always bears the onus of proof regarding all issues and defences. 3. In both criminal and civil cases, the evidentiary burden is only relevant at the end of a trial. 4. When evaluating circumstantial evidence, it is important for the court to consider each piece of circumstantial evidence in isolation. Mr Whiskey is requested to stop at a roadblock after the annual office party. A breathalyser test confirms that his bloodalcohol content is well above the legal limit. A blood sample is taken against his will and sent for analysis. A certificate from the police forensic laboratory later confirms the breathalyser result. Consider the following statements and choose the correct option: 1. The police are not allowed to take a blood sample against the will of a suspect. 2. The certificate from the laboratory is an example of documentary evidence. 3. The blood sample is an example of expert evidence. 4. The blood sample is an example of evidence of uncertain classification. • 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 confession was made to a captain in the SAPS, it will be admissible evidence. 2. X's statement to the captain is an inadmissible confession. 3. 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. 4. 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. • Consider the following statements about corroboration and choose the correct option: 1. The answer to a question during cross-examination could never provide corroborative evidence. 2. Corroboration can never come from the same source as the evidence which the corroborative evidence seeks to corroborate. 3. When a party is required to provide corroboration for certain evidence, this means that the burden of proof changes. 4. As a matter of procedure, a formal admission can never provide corroborative evidence. • 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 intends using these photographs in court. Consider the following statements and choose the correct option: 1. The photographs will be expert evidence. 2. The photographs will be documentary evidence. 3. The photographs will be evidence of uncertain classification. 4. The photographs will be real evidence Consider the following statements about the privilege against self-incrimination and choose the correct option: 1. According to S v Dlamini 1999 (2) SACR 51 (CC) no evidence given by an accused during a bail hearing can ever be used against him in the main trial. 2. The privilege against self-incrimination is available to a witness who testifies at an inquest. 3. A witness may refuse to enter the witness box and testify on the basis that, what he is about to say, is protected by privilege. 4. The testimony given by a witness in a criminal case can never be used against him in a subsequent criminal case if the presiding officer at the first proceedings did not inform him of his rights as a witness. • Consider the following statements regarding marital privilege and choose the correct option: 1. During a domestic violence dispute, a husband points a gun at his wife and verbalises his intention to kill her and the children. In a following criminal case, the wife can be forced to testify about the pointing of the gun and about what her husband said to her during the dispute. 2. Marital privilege belongs to the party who receives a specific communication. 3. Marital privilege belongs to the party who makes a specific communication. 4. Because of the constitutional right to privacy, a third party that overhears a conversation between two spouses can be prevented from testifying about it in a court of law. • Consider the following statements regarding legal professional privilege and choose the correct option: 1. If an accused testifies in court about what was said between him and his legal advisor, he or she can still claim the privilege at a later stage. 2. If an independent third party provides information to a legal advisor, that communication will be privileged, in other words, the client can prevent such a person from revealing the information. 3. Legal professional privilege falls away if a statement can prove the innocence of an accused. 4. If an agent provides information to a legal advisor, that communication will be privileged, in other words, the client can prevent such a person from revealing the information. • An otherwise inadmissible confession might become admissible if … 1. an accused gives evidence about a statement which is to his advantage and which does not form part of the inadmissible confession. 2. an accused gives evidence about a statement which is to his disadvantage and which does not form part of the inadmissible confession. 3. an accused gives evidence about a statement which is to his disadvantage and which forms part of the inadmissible confession. 4. an accused gives evidence about a statement which is to his advantage and which forms part of the inadmissible confession. • The accused is forced to point out the gun that he used to kill his wife. The gun, which has the accused’s fingerprints on it, will be … 1. inadmissible in terms of section 218(2) of the Criminal Procedure Act 51 of 1977. 2. admissible in terms of section 218(2) of the Criminal Procedure Act 51 of 1977. 3. inadmissible in terms of section 218(1) of the Criminal Procedure Act 51 of 1977. 4. admissible in terms of section 218(1) of the Criminal Procedure Act 51 of 1977. • X parks outside the University examination centre and, upon his return, notices that another motorist must have collided with his car whilst he was writing exam. Another student comes up to him and says that he witnessed the incident and that he also took down the other vehicle's registration number. The student hands X a piece of paper with a number written on it. The student then disappears before X can ask her name. X proceeds to sue the owner of the car and the piece of paper is tendered into evidence. The piece of paper will be ... 1. normal documentary evidence. 2. real evidence. 3. hearsay evidence. 4. opinion evidence. The investigating officer takes A, the suspect in a murder case, to a place in the bush where A points out a pistol. “This is the pistol”, he declares. Ballistic tests confirm that the pistol was used to kill the deceased. A’s behaviour (not his statement) is … 1. an informal admission by conduct. 2. a confession. 3. hearsay evidence. 4. a formal admission. • Consider the following statements about the compellability of spouses to testify and choose the correct option: 1. Section 195 of the Criminal Procedure Act 51 of 1977 has, to some extent, been amended by section 68 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. Subsection 195(1)(a) now excludes a child that is merely in the care of the wife or the husband. 2. In terms of section 196 of the Criminal Procedure Act 51 of 1977, the spouse of an accused is a competent as well as a compellable witness in defence of that accused, but only when such an accused is jointly charged with someone else. 3. Section 195 of the Criminal Procedure Act 51 of 1977 is applicable not only to people who are married when testifying is at stake, but also to people who were married when the relevant crime was committed, even though the marriage has been dissolved in the meantime. 4. If the accused is jointly charged with someone else, the spouse of such an accused will be competent and compellable to give evidence on behalf of that co-accused. • A crowd of people that are attending a rock concert are attacked and robbed of their wallets and jewelry. X, Y and Z, members of the audience, capture footage of the criminals on a camera (non-digital), a video-camera (non-digital) and a cellular-phone respectively. The robbers are caught and charged with robbery. Consider the following statements about the trial evidence and choose the correct option: 1. The photograph taken by X can be regarded as documentary evidence because it is used to represent something that is the subject matter of the court case. 2. According to S v Mpumlo 1986 (3) SA 485 (E) and S v Baleka (1) 1986 (4) SA 192 (T) the videotape footage by Y can be classified as documentary evidence. 3. The data message captured on Z’s cellular phone depicting the robbery is inadmissible and carries no evidential weight. 4. According to S v Singh 1975 (1) SA 330 (N) and S v Ramgobin 1986 (4) SA 117 (N) the videotape footage by Y can be classified as real evidence. • Consider the following statements and choose the correct option: 1. Microfilm is readable with the naked eye and is usually submitted for its subject-content. It is therefore treated as documentary evidence. 2. The subject of a theft case is an historical photograph that was stolen from a museum. The photograph will be treated as documentary evidence. 3. A person is charged with the unlawful possession of pornographic photographs. The court will treat the photographs as real evidence. 4. “Official documents” is another term for public documents that are kept under the supervision or control of the Director of Public Prosecutions. • The evidential value of a piece of evidence is important … 1. only when determining the admissibility of that evidence. 2. only during the evaluation of that evidence. 3. both during the evaluation of that evidence and when determining its admissibility. 4. when that evidence is evidence about a previous consistent statement. • Consider the following statements and choose the correct option: 1. There is no need to authenticate a document if the document originates from a common-law country. 2. Photographs may sometimes constitute documentary evidence, particularly if the physical photograph itself is central to the case (for example where it has fingerprints on its surface). 3. There is no need to authenticate a document if the opposing party has discovered such a document. 4. In common law, public documents are admissible to prove the truth of what they contain. This means that these documents are treated as an exception to the rule against the admissibility of previous consistent statements. • Consider the following statements and choose the correct option: 1. The word “document” is a very wide term but cannot also include computer printouts. 2. During the process of discovery, a declarant must list all possibly relevant documents except those that he lawfully may refuse to discover, or which are no longer in his possession. 3. Evidence derived from pocket calculators is free from human intervention and is therefore documentary evidence. 4. If the content of a document must be proved, secondary evidence will sometimes be accepted, but it must always be in written form. • Consider the following statements and choose the correct option: 1. The Criminal Procedure Act 51 of 1977 can be described as a historical source of the South African law of evidence. 2. If the current South African law does not provide a solution to an evidentiary problem, our courts will first of all search for a solution in the early Roman-Dutch law. 3. Criminal law and criminal procedural law form part of the substantive law, whereas the law of evidence forms part of the procedural law. 4. The “facts in dispute” in a particular case are heavily influenced by the applicable substantive law. • Identify the correct statement from the options below: Section 35(3) of the Constitution provides that every accused person shall have the right to a fair trial, which includes the right … 1. to have a legal practitioner assigned to him or her by the state and at state expense, if substantial injustice would otherwise result, and to be informed of this right promptly. 2. to adduce and challenge evidence and not to be a compellable witness against himself or herself. 3. to be informed, in an understandable language, that he or she has the right to remain silent, and about the consequences of making a statement. 4. to choose, and to consult with a legal practitioner, and to be informed of this right promptly. • Consider the following statements about real evidence, and choose the correct option: 1. Real evidence refers to a physical object or thing, which is brought before the court for the court to view it for itself. Examples of real evidence could include a knife, a fingerprint or even a person. 2. According to S v Shabalala 1986 (4) SA 734 (A) evidence about a footprint must be analysed and presented in court by an expert. 3. A witness’s behaviour in court can be described as real evidence concerning the credibility of that witness and is of particular importance when the case is before a court of appeal. 4. In S v Mavundla 1976 (2) SA 162 (N) the physical appearance of an accused served as real evidence about his gender. • Consider the following statements about previous consistent statements and choose the correct statement: 1. Evidence of a complaint in a sexual case is exceptionally admitted as a matter relating to the complainant’s credibility and is, therefore, corroborative evidence. 2. A previous consistent statement is a statement which is similar to a statement made by someone on a previous occasion in court. 3. A previous consistent statement is normally made by an accused during police custody. 4. There is question of a previous consistent statement when a witness repeats a consistent statement made by another witness on a previous occasion, which serves as self-corroboration for the other witness. • During a civil matter, the plaintiff wants to present the record of the court’s finding in a criminal trial as evidence in the civil matter that is based on the same facts. The evidence will be … 1. inadmissible opinion evidence. 2. hearsay evidence. 3. evidence about a previous consistent statement. 4. similar fact evidence. • As far as documentary evidence is concerned, a copy of a person's identity document can best be described as ... 1. secondary evidence. 2. primary evidence. 3. indirect evidence. 4. hearsay evidence. • A bank is robbed and afterwards the police find certain metal boxes containing money in a ditch. The boxes are identified as those that were taken from the bank. A few days later the accused is taken into custody. He confesses that he took part in the robbery, but the confession does not comply with the requirements for admissibility in terms of section 217 of the Criminal Procedure Act 51 of 1977. Subsequent upon his confession, the accused takes the police to the ditch where the containers were found and says to them that this is the place where the money was hidden. Consider the following statements and choose the correct option: 1. Because the accused followed up the inadmissible confession with a pointing out of the place where the containers had been left, the inadmissible confession now becomes admissible. 2. Section 35(5) of the Constitution of 1996 is irrelevant in this situation. 3. Because the pointing out forms part of the inadmissible confession, it can never be admissible evidence. 4. The pointing out of the containers amounts to an admission and will be admissible if there was no coercion on the part of the police. • Consider the following statements about opinion evidence and choose the correct option: 1. When an expert refers to textbooks while testifying in court, he must not merely convey the author’s opinion to the court since that will constitute inadmissible evidence of previous consistent statements. 2. A lay person may express an opinion on whether the driver of a motor vehicle was under the influence of alcohol. 3. A lay person's opinion about the approximate speed at which a vehicle was travelling is inadmissible evidence. 4. A lay person's opinion about the identity of the author of a specific handwriting is inadmissible evidence. • Consider the following statements about hearsay evidence and choose the correct option: 1. If a witness in a criminal case tells the court that something was admitted or confessed by a non-testifying accused, such evidence will be treated as hearsay evidence by the court. 2. If the court classifies certain evidence as hearsay, such evidence will no longer be hearsay if the person upon whose credibility the probative value of the evidence depends, later testifies during the proceedings. 3. Hearsay evidence consists of oral evidence about that which a witness previously heard and wants to testify about in court. Hearsay evidence can therefore never be in a written form. 4. If a witness in a civil matter tells the court that something was admitted by someone else, such evidence is, strictly speaking, hearsay evidence. • Consider the following statements and choose the correct option: 1. If a witness gives unfavourable evidence, the party who called such a witness may present evidence which contradicts the witness. 2. Examination-in-chief is conducted by the presiding officer in his capacity as “chief” of the court. 3. Questions about the accused’s previous convictions or bad character may, as a rule, be asked during cross 4. The party who undertakes examination-in-chief can cross-examine an unfavourable witness. • A copy of a typed contract stands to be admitted in court. The contract will ... 1. constitute documentary evidence where it is admitted to establish the terms of the contract. 2. constitute documentary evidence where it is admitted for the purpose of proving the existence of the written contract in circumstances where one of the parties denies that a written contract was ever created. 3. constitute circumstantial evidence where it is admitted for the purpose of proving the existence of the written contract in circumstances where one of the parties denies that a written contract was ever created. 4. constitute real evidence where it is admitted to establish the terms of the contract. • G, a well-known personality, is found dead in her house. Fingerprints, footprints and a letter threatening her life are found in her house. Her recently estranged boyfriend, B, is arrested and charged with murder. Consider the following statements and choose the correct option: 1. When fingerprints are used, an enlargement of the accused's fingerprint is compared in court with that of a fingerprint found on the scene of the crime. If seven points of similarity are found, this will usually amount to proof upon a preponderance of probabilities that the same person has made the two sets of prints. 2. The court may look at B’s age, gender, race or observe his performance as a witness and this will be considered as circumstantial evidence. 3. A comparison of B’s handwriting and that found in the letter will be done by an expert and the court is not allowed to hear lay evidence in this regard or draw its own conclusions. 4. Expert evidence is not required about the footprints and the court may draw its own conclusions when comparing B’s footprints with those found at the scene. • Consider the following statements and choose the correct option: 1. A subpoena duces tecum is usually used in both civil- and criminal matters to force the accused to reveal certain documents. 2. The following are all examples of documentary evidence: photographs, wills, books and drawings. 3. Section 233 of the Criminal Procedure Act 51 of 1977 allows for the admissibility of certified copies of public documents in civil proceedings under certain conditions. 4. A title deed and a baptismal certificate are examples of public documents • Consider the following statements and choose the correct option: 1. Roman-Dutch law is the common law of South Africa and therefore constitutes the historical source of our procedural law. 2. In terms of section 35(1) of the Constitution, every accused person has the right to adduce and challenge evidence. 3. Section 206 of the Criminal Procedure Act 51 of 1977 is a residuary section, because it provides that the law pertaining to the competency, compellability or privilege of witnesses which was in force in criminal proceedings on 30 May 1961, shall apply in any case not expressly provided for. 4. The law of evidence is part of the substantive law, since the substantive law determines what elements must be proved in court before someone will be guilty of a crime. • Consider the following statements about the relevance and admissibility of evidence and choose the correct statement: 1. Facts relevant to the facts in issue may become in issue themselves. An example would be the reliability of a witness. 2. A finding by a court that a piece of evidence is inadmissible due to irrelevance is final and cannot be reconsidered during the same trial. 3. During a trial, the court must first consider the competency of a witness, then the admissibility of evidence, and finally the weight or persuasive value of evidence. The “weight” of evidence therefore plays no part when the court considers the admissibility of that evidence. 4. Irrelevant evidence will never be admissible, but relevant evidence will always be admissible. • X and Y are accused of removing Y's son from the custody of Y's estranged wife (W) and kidnapping him to an unknown destination. W was an eyewitness to the kidnapping. Consider the following statements and choose the correct option. 1. X can compel Y to testify in defence of X. 2. Y can compel W to testify on his behalf. 3. Y can compel X to testify in defence of Y. 4. X can compel W to testify on his behalf. • In the case of an alleged offence of a sexual nature, evidence of a previous consistent statement will inter alia be admissible if the complaint was made ... 1. At the first reasonable opportunity, but not later than 48 hours after the offence was committed. 2. At the first reasonable opportunity, but not later than 24 hours after the offence was committed. 3. At the first reasonable opportunity, and this could be weeks later, depending on the circumstances of each individual case. 4. At the first reasonable opportunity, but not later than 12 hours after the offence was committed. • In S v Ndiki and Others [2007] 2 All SA 185 (Ck) it is explained that if a computer printout contains a statement of which a person has knowledge and which is stored in the computer's memory, its use in evidence depends upon the credibility of an identifiable person. It would therefore constitute — 1. real evidence. 2. evidence of uncertain classification. 3. hearsay evidence. 4. documentary evidence. • Consider the following statements about admissions and confessions and choose the correct option: 1. If the content of a statement does not express ADMIT all the elements of an offence, but does so by necessary implication, then the statement amounts to a confession. 2. A statement made to a friend (who is not also a peace officer), will in principle be a confession, if the statement was freely and voluntarily made, while the declarant was in his sound and sober senses and without being unduly influenced thereto. 3. A statement that contains the words “made without prejudice” can never be disclosed. 4. Since an admission amounts to a statement adverse to the person making it, no person can ever make an “admission” which will be held against another person. • A robbery is committed at a house in Sunnyside, Pretoria. A suspect, D, who matches the general description of a person seen in the vicinity of the house is arrested. A fingerprint and a footprint are found at the scene and compared to those taken from D. Consider the following statements and choose the correct option: 1. Footprints will usually constitute direct evidence. 2. The two sets of fingerprints will be enlarged and compared, and if seven points of similarity are found, this will usually amount to proof upon a preponderance of probabilities that the same person made both prints. 3. Footprints require an explanation by an expert and the court is obliged to accept the expert's opinion as to the identity of footprints. 4. Fingerprints may constitute real or circumstantial evidence. • Consider the following statements about hearsay evidence and choose the correct option: 1. If all the parties to an issue agree to the admission of hearsay evidence, that evidence will no longer be hearsay and consequently becomes admissible. 2. Although a court has a discretion to allow hearsay evidence, this discretion will more readily be exercised in criminal- than in civil matters. 3. The court's approach in McDonald's Corp v Joburgers Drive-Inn Restaurant 1997 (1) SA 1 (A) provides a good example of how the common law hearsayexceptions should today be handled. 4. The main reason for the inadmissibility of hearsay is that the witness who gives the hearsay evidence cannot guarantee its reliability. • Consider the following statements and choose the correct option: 1. An unfavourable witness is someone who testifies with the intention to prejudice the case of the party who called him. 2. A witness who wishes to rely on privilege, such as the privilege against self-incrimination, may refuse to enter the witness box. 3. In civil proceedings, the spouse of a party is always a competent and compellable witness for and against the party concerned. 4. The law relating to the competence and compellability to testify is controlled by a residuary clause in the Criminal Procedure Act 51 of 1977. • Mr A and Mr B are jointly charged with the murder of Mr A's brother, C. Mr A and Mr B are married to Mrs A and Mrs B respectively. Consider the following statements and choose the correct option: 1. Mrs A can be compelled to testify in defence of Mr B. 2. Mrs A can be compelled to testify against Mr A. 3. Mr B is competent to testify in defence of Mr A. 4. Mrs B can be compelled to testify against Mr B. • Consider the following statements and choose the correct option: 1. The law of evidence is part of the substantive law, since the substantive law determines what elements must be proved in court before someone will be guilty of a crime. 2. Roman-Dutch law is the common law of South Africa and therefore constitutes the historical source of our procedural law. 3. .Section 206 of the Criminal Procedure Act 51 of 1977 is a residuary section, because it provides that the law pertaining to the competency, compellability or privilege of witnesses which was in force in criminal proceedings on 30 May 1961, shall apply in any case not expressly provided for. 4. In terms of section 35(1) of the Constitution, every accused person has the right to adduce and challenge evidence. • Consider the following statements about opinion evidence and choose the correct option: 1. The court in Hollinv gHtewtohonrn [1943] 2 All ER 35 decided that the finding on an issue in a civil trial cannot serve as proof of that issue in an ensuing criminal trial, since the onus of proof in criminal matters is higher than in civil matters. 2. Because of the complicated nature of civil proceedings, parties must give notice of any intention to rely on expert evidence, but in criminal cases the prosecution is not required to disclose expert evidence before the trial starts. 3. When an expert refers to textbooks while testifying in court, he must not merely convey the author's opinion to the court, since this will constitute hearsay evidence. 4. Opinion evidence is generally inadmissible because it amounts to evidence of previous consistent statements. • Consider the following statements about previous consistent statements and choose the correct option: 1. There is question of a previous consistent statement when, during testimony in court, a witness repeats a statement consistent with one made on a previous occasion to corroborate his evidence 2. The rule against the admissibility of evidence about a previous consistent statement is actually a rule against the admissibility of similar fact evidence. 3. Section 59 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 determines that, in criminal proceedings involving the alleged commission of a sexual offence, the court must draw a negative inference from the long delay between the alleged commission of such offence and the reporting thereof. 4. If itis suggested or alleged (mostly during cross-examination) that the witness has recently fabricated a part of his evidence, evidence may be led to show that the same thing was said at an earlier opportunity. This evidence is only tendered to show that he did not recently fabricate the evidence to support his credibility. The evidence is therefore relevant for this purpose (to support the witness's credibility), and essentially corroborates the witness's evidence. • Consider the following statements about real evidence and choose the correct option: 1. When the court adjourns to accompany the parties to an inspection of the scene of an incident or crime, what is found at the scene is considered real evidence. 2. The behaviour of an accused in court will sometimes constitute circumstantial evidence. 3. An expert is often called to explain an object or its operation. In such a case, the expert's evidence will constitute real evidence, 4. The testimony of an eyewitness in a murder trial that he saw the suspect running from a house with a bloody knife in his hand, and that upon further investigation, he found the victim fatally stabbed inside the house, is real, direct evidence. • Consider the following statements and choose the correct option: 1. Discovery entails a written affidavit listing all possibly relevant documents in the possession of the declarant party or his lawyer. This procedure is used in both criminal and civil cases. 2. When a document has been authenticated in its country of origin, it is unnecessary to prove the authenticity of such a document in a South African court. 3. In criminal proceedings, an original official document may only be produced upon an order by a Director of Public Prosecutions. 4. In Sv Ndiki and Others [2007] 2 All SA 185 (Ck) it is explained that if a computer print-out contains a statement of which a person has knowledge and which is stored in the computer's memory, its use in evidence depends upon the credibility of an identifiable person. It would therefore constitute real evidence. • While presenting the state's case on a charge of escaping from prison, the prosecution wants to present evidence about the accused's latest previous conviction. Consider the following statements and choose the correct option: 1. The evidence falls under state privilege and is therefore inadmissible. 2. The evidence is inadmissible in terms of section 211 of the Criminal Procedure Act 51 of 1977. 3. The evidence is admissible in terms of section 211 of the Criminal Procedure Act 51 of 1977. 4. The evidence is similar fact evidence and therefore admissible. • Consider the following statements and choose the correct option: 1. Photographs may sometimes constitute real evidence, particularly when the photograph is used to represent some situation and that situation is the subject matter of a court case. 2. The word “document” is a very wide term and includes pictures and photographs. 3. A dispute about the authenticity of a document is dealt with by way of a trial within a trial. 4. Section 212 of the Criminal Procedure Act 51 of 1977 provides that certain evidence can be presented in a written form, such as by an affidavit or certificate. Such evidence is documentary evidence and the normal requirements for the admissibility of documentary evidence are applicable to such evidence. • During a civil matter, the plaintiff wants to present the record of a witness's evidence in a criminal trial based on the same facts, as violence against the defendant. The evidence will be: 1. admissible opinion evidence. 2. evidence about a previous consistent statement. 3. hearsay evidence 4. similar fact evidence. • Consider the following statements and choose the correct option: 1. If a witness is re-examined on a new matter, the opposing party will have the right cross-examine the witness on this new matter. 2. In civil cases the court may, out of its own accord and without the consent of the parties involved, call witnesses 3. A witness in a criminal case can refuse to answer a question that is relevant to a fact in issue if such an answer can prove civil liability on his part. 4. Refreshing of memory by a witness usually occurs during cross-examination when a witness can no longer accurately recall the events on which he is being cross-examined. • Cocky is arrested for stabbing his wife with a knife. As the arresting police officer is explaining the reasons for his arrest, Cocky exclaims: "But I defended myself!” This statement is ... 1. a formal admission. 2. hearsay evidence. 3. a confession. 4. an informal admission, • Consider the following statements and choose the correct option: 1. Section 192 of the Criminal Procedure Act 51 of 1977, which deals with the competence and compellability of witnesses to testify, refers to the residuary provision in section 206 of the Criminal Procedure Act. This means that English law, as it currently applies in England, is applicable. 2. The law of evidence is unique because it is part of the substantive law and the adjective law. 3. The Roman-Dutch law is the common-law source of our substantive law, but the common-law source of our procedural law is English law. 4. Section 252 of the Criminal Procedure Act 51 of 1977, which deals with character evidence, is an example of a residuary section. • Consider the following statements about circumstantial evidence and choose the correct option: 1. Circumstantial evidence is not necessarily weaker than direct evidence and the cumulative effect of several pieces of circumstantial evidence might even carry more weight than direct evidence. 2. The following rules apply to inferences drawn from circumstantial evidence in a civil case: the inference sought to be drawn must be consistent with all the proven facts and must be the only reasonable inference. 3. The following rules apply to inferences drawn from circumstantial evidence in a criminal case: the inference sought to be drawn must be consistent with all the proven facts and must be the most probable inference. 4. Direct evidence will always carry more weight than circumstantial evidence. • Consider the following statements about admissions and confessions and choose the correct option: 1. Evidence presented during a trial-withinra trial will only be allowed in the main trial if it directly relates to the facts in issue in the main trial, 2. A statement that was made without prejudice and in good faith can be disclosed if it constitutes an act of insolvency. 3. Since an admission amounts to a statement adverse to the person making It, no person can ever make an “admission” which will be held against another person. 4. The content of a confession that was voluntarily made, but that is inadmissible because some other requirement for admissibility was not met, may still be admissible if it is relevant and contains an admission. • The issue is whether defendant drove negligently, a witness states: “I observed an incident from my office window. The defendant's car was proceeding from west to east. I could see that he was in a hurry and was prepared to weave through the traffic, despite the presence of pedestrians. | had a feeling that an accident would take place, and when it happened, i also had no doubt about who was responsible. It was the defendant.” Consider the following statement and choose the correct option 1. The witness's opinion about a fact in issue is in principle inadmissible because it is irrelevant 2. The witness's opinion about a fact in issue is admissible because he observed such a fact. 3. The witness's opinion about a fact in issue is in principle inadmissible only if it is about a primary issue in dispute. 4. The witness's opinion about a fact in issue is in principle admissible if it is about a secondary issue in dispute. • An elderly woman is found dead in her apartment. The bloody scene leaves no doubt that she was murdered. Various pieces of evidential material are found at the scene of the crime. This includes fingerprints. The fingerprints will be classified as ... 1. evidence of uncertain classification. 2. expert evidence. 3. real evidence. 4. documentary evidence. • A bank is robbed and afterwards the police find certain metal boxes containing money in a ditch. The boxes are identified as those that were taken from the bank. A few days later the accused is taken into custody. He confesses that he took part in the robbery, but the confession does not comply with the requirements of section 217 of the Criminal Procedure Act 51 of 1977. Consequently, upon his confession the accused takes the police to the ditch where the containers were found and says to them that this is the place where the money was hidden. 1. Because the pointing out forms part of the inadmissible confession it can never be admissible evidence 2. Because the accused followed up the Inadmissible confession with a pointing out of the place where the containers had been left. the inadmissible confession now becomes admissible. 3. The pointing out of the containers amounts to an admission and will be admissible if there was no coercion on the part of the police 4. Section 35(5) of the Constitution of 1996 is irrelevant in this situation. • Two accused are charged with dealing in cocaine Accused A testifies that he received a packet with unknown contents from accused B to keep for accused B He states that he had no knowledge of the contents of the packet and thus places the blame squarely on accused 8 The prosecution now wants to question accused A about two previous convictions for possession of and dealing on cocaine Such questioning by the prosecution 1. will be inadmissible in terms of section 197 of the Criminal Procedure Act 51 of 1977 2. will be admissible in terms of section 197 of the Criminal Procedure Act 51 of 1977 3. will be admissible in terms of section 2S2 of the Criminal Procedure Act SI of 1977 4. will be inadmissible in terms of section 211 of the Criminal Procedure Act 51 of 1977 • A 14-year-old complainant was raped by two young men, At the time of the rape she did not report the matter to her parents or lay charges, but briefly told Vanessa, a friend, about the incident. Nineteen years later the complainant accidentally met one of her assailants. These revived memories of her ordeal and prompted her to lay charges against the men who raped her. The complainant testifies during the case. Consider the following statements and choose the correct option: 1. Because the case is of a sexual nature, the court must approach the complainant's evidence with caution. 2. Vanessa's evidence is admissible hearsay evidence. 3. Vanessa's evidence is evidence about a previous consistent statement. 4. Vanessa's evidence is inadmissible hearsay evidence. • Y is accused of the theft of a shotgun The gun had belonged to a person who had meanwhile died At his trial, Y pleads not guilty and according to his explanation of plea the reason for his possession of the gun is that the accused had given it to him The state now calls the deceased's brother The brother says. 'My late brother wrote to me from his sickbed that Y would be keeping his gun for turn He said he was too sick to fetch the gun himself and asked me to do it Y, however. refused to grve it back. I hand in the letter' Consider the following statements and choose the correct option 1. Evidence of the letter will probably be inadmissible hearsay 2. Evidence of the letter will only be opinion evidence about what the late brother implied 3. Evidence of the letter will probably be admissible hearsay 4. Evidence of the letter will only be circumstantial evidence. • A copy of a typed contract stands to be admitted in court The contract will 1. constitute documentary evidence where it is admitted for the purpose of proving the existence of the written contract in circumstances where one of the parties denies that a written contract was ever created 2. constitute documentary evidence where it is admitted to establish the terms of the contract 3. constitute circumstantial evidence where it is admitted for the purpose of proving the existence of the written contract in circumstances where one of the parties denies that a written contract was ever created. 4. constitute real evidence where it is admitted to establish the terms of the contract. • Consider the following statements and choose the correct option 1. According to Magmoed v Janse van Rensburg 1993 (1) SACR 67 (A), a witness must be informed about his or her privilege against self incrimination on unless, based on the facts of the case, he or she could be expected to be aware of this privilege 2. A witness on a criminal case may refuse to answer a question for the reason that the answer may bring about civil liability on his part 3. For obvious reasons, private privilege only exists during the trial and not also during all pre-trial procedures 4. Privileged evidence is excluded because it is irrelevant • A and B partakes in a cash in-transit on the N1-highway and manage to get away. After Illegally monitoring A's private conversations, the police raid his house. Upon entering As house, the police inform A that they intend to use him as a witness against B and that they do not therefore intend to prosecute him. A consequently makes a statement that fully implicates him in the crime and that leads the police to some of the stolen money in the ceiling of A's house, as wes pointed out by A. Notwithstanding theirprevious undertaking, the police decide to charge A. Consider the following statements and choose the correct option: 1. As statement is an inadmissible confession. 2. A's statement is an admissible confession. 3. As set of pointing out the money ts an admissible informal admission 4. As statement is an inadmissible admission. • Consider the following statements about admissions and confessions and choose the correct option: 1. A formal admission does not place the fact admitted beyond dispute. It can be made in the pleadings or during the trial. Since that does not place the admitted fact beyond dispute, further evidence needs to be adduced about 2. A trial within a trial is normally held to determine the competence and compellability of a witness. 3. In terms of section 217(3) of the Criminal Procedure Act 51 of 1977, the prosecution may prove an otherwise inadmissible confession if the accused adduces evidence of any statement made by hen as part of, or in connection with this confession, and if this evidence is, in the opinion of the judicial officer presiding at the proceedings, unfavourable to that person. 4. if the witness in a civil case tells the court that something was admitted by another person, such evidence will constitute hearsay evidence and the court will therefore have to decide whether it should admit the hearsay evidence in the interest of justice after exercising its judicial discretion in this regard. • Consider the following statements about the evaluation of evidence and choose the correct option: 1. In criminal cases the state always bears the onus of proof regarding all issues and defences. 2. In both criminal and civil cases, the evidentiary burden is only relevant at the end of a trial. 3. The silence of an accused may affect the evidentiary burden and could therefore cause the accused to be convicted. 4. When evaluating circumstantial evidence, it is important for the court to consider each piece of circumstantial evidence in isolation. • Consider the following statements about admissions and confessions and choose the correct option 1. A statement is a confession if it was freely and voluntarily made by a person in his sound and sober senses and without having been unduly influenced thereto 2. A statement that is meant to be exculpatory can be an admission if, in the end, it is to the detriment of the maker thereof 3. A confession which was voluntarily made, but which is inadmissible because some other requirement for admissibility was not met, may still be admissible if It is relevant and contains an admission. 4. A subjective test is used to determine whether a statement Is an admission, and an objective test is used to determine whether such a statement was voluntarily made • Examples of real evidence can include the following things 111 the appearance of a person, (2) tape recordings, (3) fingerprints. (4) documents and (5) blood tests Consider the following options and choose the correct option 1. All the examples can be real evidence 2. Only examples (3) and (5) can be real evidence 3. Only examples (1) and (3) can be real evidence 4. Only examples (4) and (5) can be real evidence • An accused has been convicted of seriously assaulting the complainant The complainant, unfortunately. later dies of complications because of this assault The accused is therefore charged with murder and the prosecution n