UniSA LEV3701
Law of Evidence
Assignment 1 Quiz
SOLUTION
Due march.
, SECTION A: REAL EVIDENCE
Question 1
Consider the following statements about real evidence and choose the correct option:
A. When fingerprints are used, an enlargement of the accused's fingerprint is compared
in court with that of a fingerprint found at the scene of the crime. If seven points of
similarity are found, this will usually amount to proof upon a balance of probabilities
that the same person made the two sets of prints.
B. Blood and tissue, as well as DNA, are examples of expert evidence that need to be
explained by someone with knowledge in this regard.
C. The behaviour of an accused in court will sometimes constitute real evidence.
D. When footprints are used as evidence, an enlargement of the accused's footprint is
compared in court with that of a footprint found at the scene of the crime. If seven
points of similarity are found, this will usually amount to proof beyond reasonable
doubt that the same person made the two sets of prints.
Correct Answer: C
Rationale:
Option A is incorrect. Seven points of similarity in fingerprint analysis is generally
considered sufficient for proof beyond reasonable doubt, not merely on a balance of
probabilities. The standard for fingerprint identification in criminal matters is proof
beyond reasonable doubt, not the lower civil standard (balance of probabilities).
Option B is incorrect. Blood, tissue, and DNA are physical objects that constitute real
evidence, not expert evidence. Expert evidence is the testimony of the expert who
analyzes these materials. The distinction is important: the physical sample is real
evidence; the expert's interpretation is expert evidence.
, Option C is correct. The behaviour of an accused in court (demeanour, reactions, body
language) can constitute real evidence. The court may observe the accused's conduct as
part of evaluating credibility or as circumstantial evidence. For example, an accused's
emotional reaction when certain evidence is presented may be considered by the court.
Option D is incorrect. There is no fixed number (such as seven points) for footprint
analysis. Footprint evidence requires expert analysis and there is no universal "seven-
point" rule. The comparison of footprints is more complex than fingerprints and requires
expert testimony.
SECTION B: ONUS OF PROOF
Question 2
Consider the following statements regarding the onus of proof in criminal and civil
matters and choose the correct option:
A. The onus of proof rests on the state throughout a criminal trial, but the evidentiary
burden sometimes shifts onto the accused, for instance when the state has established a
good prima facie case.
B. The incidence of the onus of proof is an issue that is determined by the procedural
law.
C. In both criminal and civil cases, the evidentiary burden is only relevant at the end of a
trial.
D. In criminal cases, the state always bears the onus of proof regarding all issues and
defences.
Correct Answer: A
Rationale:
Option A is correct. In criminal proceedings, the state bears the legal burden of proof
throughout the trial (the accused is presumed innocent until proven guilty). However,
the evidentiary burden (the duty to adduce sufficient evidence to raise a particular issue)
, may shift to the accused. For example, where the state has established a prima facie
case, the accused may bear an evidentiary burden to rebut it (e.g., by raising self-
defence or alibi).
Option B is incorrect. The incidence of the onus of proof is determined by substantive
law, not procedural law. The substantive law dictates which party must prove which
elements of a claim or defence.
Option C is incorrect. The evidentiary burden is relevant throughout the trial, not only
at the end. Parties must adduce evidence as the trial proceeds to meet evidentiary
burdens as they arise.
Option D is incorrect. The state does not bear the onus regarding all defences. For
certain statutory defences (e.g., diminished capacity), the accused may bear the onus of
proof, sometimes on a balance of probabilities.
SECTION C: WITNESSES – IDENTIFYING AND SINGLE
WITNESS
Question 3
A shoots and kills his wife's lover in his wife's presence and is subsequently charged with
murder. 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.
Correct Answer: A
Rationale:
Option A is correct. The wife is both an identifying witness (she witnessed the
shooting) and a single witness (she is the only witness to the crime, as no other
witnesses are mentioned). In criminal law, evidence of a single witness must be treated
with caution (Section 208 of the Criminal Procedure Act 51 of 1977). Additionally, the
wife is an identifying witness because she can identify the shooter.
Law of Evidence
Assignment 1 Quiz
SOLUTION
Due march.
, SECTION A: REAL EVIDENCE
Question 1
Consider the following statements about real evidence and choose the correct option:
A. When fingerprints are used, an enlargement of the accused's fingerprint is compared
in court with that of a fingerprint found at the scene of the crime. If seven points of
similarity are found, this will usually amount to proof upon a balance of probabilities
that the same person made the two sets of prints.
B. Blood and tissue, as well as DNA, are examples of expert evidence that need to be
explained by someone with knowledge in this regard.
C. The behaviour of an accused in court will sometimes constitute real evidence.
D. When footprints are used as evidence, an enlargement of the accused's footprint is
compared in court with that of a footprint found at the scene of the crime. If seven
points of similarity are found, this will usually amount to proof beyond reasonable
doubt that the same person made the two sets of prints.
Correct Answer: C
Rationale:
Option A is incorrect. Seven points of similarity in fingerprint analysis is generally
considered sufficient for proof beyond reasonable doubt, not merely on a balance of
probabilities. The standard for fingerprint identification in criminal matters is proof
beyond reasonable doubt, not the lower civil standard (balance of probabilities).
Option B is incorrect. Blood, tissue, and DNA are physical objects that constitute real
evidence, not expert evidence. Expert evidence is the testimony of the expert who
analyzes these materials. The distinction is important: the physical sample is real
evidence; the expert's interpretation is expert evidence.
, Option C is correct. The behaviour of an accused in court (demeanour, reactions, body
language) can constitute real evidence. The court may observe the accused's conduct as
part of evaluating credibility or as circumstantial evidence. For example, an accused's
emotional reaction when certain evidence is presented may be considered by the court.
Option D is incorrect. There is no fixed number (such as seven points) for footprint
analysis. Footprint evidence requires expert analysis and there is no universal "seven-
point" rule. The comparison of footprints is more complex than fingerprints and requires
expert testimony.
SECTION B: ONUS OF PROOF
Question 2
Consider the following statements regarding the onus of proof in criminal and civil
matters and choose the correct option:
A. The onus of proof rests on the state throughout a criminal trial, but the evidentiary
burden sometimes shifts onto the accused, for instance when the state has established a
good prima facie case.
B. The incidence of the onus of proof is an issue that is determined by the procedural
law.
C. In both criminal and civil cases, the evidentiary burden is only relevant at the end of a
trial.
D. In criminal cases, the state always bears the onus of proof regarding all issues and
defences.
Correct Answer: A
Rationale:
Option A is correct. In criminal proceedings, the state bears the legal burden of proof
throughout the trial (the accused is presumed innocent until proven guilty). However,
the evidentiary burden (the duty to adduce sufficient evidence to raise a particular issue)
, may shift to the accused. For example, where the state has established a prima facie
case, the accused may bear an evidentiary burden to rebut it (e.g., by raising self-
defence or alibi).
Option B is incorrect. The incidence of the onus of proof is determined by substantive
law, not procedural law. The substantive law dictates which party must prove which
elements of a claim or defence.
Option C is incorrect. The evidentiary burden is relevant throughout the trial, not only
at the end. Parties must adduce evidence as the trial proceeds to meet evidentiary
burdens as they arise.
Option D is incorrect. The state does not bear the onus regarding all defences. For
certain statutory defences (e.g., diminished capacity), the accused may bear the onus of
proof, sometimes on a balance of probabilities.
SECTION C: WITNESSES – IDENTIFYING AND SINGLE
WITNESS
Question 3
A shoots and kills his wife's lover in his wife's presence and is subsequently charged with
murder. 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.
Correct Answer: A
Rationale:
Option A is correct. The wife is both an identifying witness (she witnessed the
shooting) and a single witness (she is the only witness to the crime, as no other
witnesses are mentioned). In criminal law, evidence of a single witness must be treated
with caution (Section 208 of the Criminal Procedure Act 51 of 1977). Additionally, the
wife is an identifying witness because she can identify the shooter.
