LEV3701 – McQs
2018 Assign 2 sem 1
Question 1
(a) 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.
(b) Roman-Dutch law is the common law of South Africa and therefore constitutes the historical
source of our procedural law.
(c) Section 206 of the Criminal Procedure Act 51 of 1977 is a residuary section because it provides
that the law as to the competency, compellability, or privilege of witnesses which was in force in
respect of criminal proceedings on 30 May 1910 shall apply in any case not expressly provided for.
(d) In terms of section 35(1) of the Constitution, every person who is arrested has the right to
adduce and challenge evidence.
Question 2
(a) During a trial, the court first has to 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.
(b) Irrelevant evidence will never be admissible, but relevant evidence will always be admissible.
(c) An unfavourable witness is a witness who intends to prejudice the case of the party who
originally called the witness. When such a witness has been declared to be an unfavourable witness
by the court, that witness may be cross-examined by the party who called the witness.
(d) If the accused is jointly charged with someone else, the wife of such an accused will be
competent to give evidence on behalf of that accused and can also be compelled to do so by him.
Question 3
(a) There is no need to authenticate a document if the opposing party has discovered such a
document.
(b) When a party is required to corroborate specific evidence this means that he or she will carry a
larger evidentiary burden than usual.
(c) The cautionary rule with respect to a single witness is limited to a situation where only one
person testifies for the prosecution.
(d) 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).
Question 4
2018 Assign 2 sem 1
Question 1
(a) 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.
(b) Roman-Dutch law is the common law of South Africa and therefore constitutes the historical
source of our procedural law.
(c) Section 206 of the Criminal Procedure Act 51 of 1977 is a residuary section because it provides
that the law as to the competency, compellability, or privilege of witnesses which was in force in
respect of criminal proceedings on 30 May 1910 shall apply in any case not expressly provided for.
(d) In terms of section 35(1) of the Constitution, every person who is arrested has the right to
adduce and challenge evidence.
Question 2
(a) During a trial, the court first has to 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.
(b) Irrelevant evidence will never be admissible, but relevant evidence will always be admissible.
(c) An unfavourable witness is a witness who intends to prejudice the case of the party who
originally called the witness. When such a witness has been declared to be an unfavourable witness
by the court, that witness may be cross-examined by the party who called the witness.
(d) If the accused is jointly charged with someone else, the wife of such an accused will be
competent to give evidence on behalf of that accused and can also be compelled to do so by him.
Question 3
(a) There is no need to authenticate a document if the opposing party has discovered such a
document.
(b) When a party is required to corroborate specific evidence this means that he or she will carry a
larger evidentiary burden than usual.
(c) The cautionary rule with respect to a single witness is limited to a situation where only one
person testifies for the prosecution.
(d) 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).
Question 4
