LEV3701 TEST PAPER 2025/2026 QUESTIONS WITH
ANSWERS MARKED A+
✔✔Purpose of cross examination - ✔✔1) to elicit evidence that supports the cross
examiners case
2) to case doubt on the credibility of the opposing party's witness
✔✔Re-examination - ✔✔- undertaken by the party who had called the witness
- leading questions are not permissible
- confined to matters arising from cross examination
✔✔How can the state call someone who had previously been a co-accused to testify -
✔✔- by withdrawing the charge against the co-accused
- by finding the co-accused not guilty
- by the co-accused entering a plea of guilty
- if the trials of the accused and co-accused are separated for some other valid reason
✔✔4 circumstances in which secondary evidence of a document will be permitted - ✔✔-
there is evidence that the original has been destroyed or cannot be located after a
diligent search
- production of the original would be illegal
- production of the original is impossible
- the original is in possession of the opposing party or a third party, who refuses to
produce it or who cannot be compelled to produce it
✔✔A document may be authenticated by the following perosna - ✔✔1. The author,
executor or signatory of the doc
2. A witness
3. A person who can identify the handwriting or signature
4. A person who found a document in the possession or control of an opponent
5. A person who has lawful control and custody of a document
✔✔Definition of a data message - ✔✔a data message means data generated, sent,
received or stored by electronic means and includes voice (where the voice is used in
an automated transaction) and a stored record.
✔✔Test for relevance as stated in R v Mapanza 1915 - ✔✔Any facts are so relevant if
from their existence inferences may properly be drawn as to the existence of the fact in
issue
✔✔The initial part of S197 CPA, protects an accused against answering certain
questions. Name the four categories of questions for which protection is granted. -
✔✔a) that the accused has committed an offence other than the one he is charged with
b) that the accused has been convicted of an offence other than the one he is charged
with
, c) that the accused has been charged with an offence other than the one he is currently
charged with
d) that the accused is of bad character
✔✔What is the general rule regarding evidence of an accused's previous convictions? -
✔✔it is inadmissible
✔✔What does section 211 state about the cross examination of the accused - ✔✔the
accused may not be asked whether he has previously been convicted
✔✔What is the relationship between section 211 and the rule against the admissibility of
similar fact evidence - ✔✔- section 211 deals with any previous conviction
- in the case of similar fact evidence, the previous conviction has to be similar to the
current one.
- in the latter event, the principles governing the admissibility of similar fact evidence will
take precedence over section 211, owing to the operation of section 252 of the CPA,
which applies the law that was in force on 30 May 1961
✔✔Two pieces of evidence about a complaint made soon after an alleged offence of a
sexual nature are admissible even if this evidence is about a previous consistent
statement. These are: - ✔✔1. evidence that such a complaint was made
2. evidence about the contents of the complaint
✔✔Factors on which the court should base its discretion - ✔✔- nature of the
proceedings
- nature of the evidence
- purpose for which the evidence is tendered
- the probative value of the evidence
- the reasons why the evidence is not given by the person upon whose credibility its
probative value depends
- any prejudice to opponents
- any other factor which, in the opinion of the court, should be taken into account
✔✔Cite 6 examples of instances where a court may allow the evidence of a layperson -
✔✔- approximate age of a person
- state of sobriety of a person
- the general condition of something
- the approximate speed at which a vehicle was travelling
- a summary of factual data perceived by him (eg "angry")
- the identity of handwriting
✔✔Should a court allow unchallenged opinion evidence given by a layperson - ✔✔the
court may allow the unchallenged opinion of a lay person, subject to the following
provisos:
-
ANSWERS MARKED A+
✔✔Purpose of cross examination - ✔✔1) to elicit evidence that supports the cross
examiners case
2) to case doubt on the credibility of the opposing party's witness
✔✔Re-examination - ✔✔- undertaken by the party who had called the witness
- leading questions are not permissible
- confined to matters arising from cross examination
✔✔How can the state call someone who had previously been a co-accused to testify -
✔✔- by withdrawing the charge against the co-accused
- by finding the co-accused not guilty
- by the co-accused entering a plea of guilty
- if the trials of the accused and co-accused are separated for some other valid reason
✔✔4 circumstances in which secondary evidence of a document will be permitted - ✔✔-
there is evidence that the original has been destroyed or cannot be located after a
diligent search
- production of the original would be illegal
- production of the original is impossible
- the original is in possession of the opposing party or a third party, who refuses to
produce it or who cannot be compelled to produce it
✔✔A document may be authenticated by the following perosna - ✔✔1. The author,
executor or signatory of the doc
2. A witness
3. A person who can identify the handwriting or signature
4. A person who found a document in the possession or control of an opponent
5. A person who has lawful control and custody of a document
✔✔Definition of a data message - ✔✔a data message means data generated, sent,
received or stored by electronic means and includes voice (where the voice is used in
an automated transaction) and a stored record.
✔✔Test for relevance as stated in R v Mapanza 1915 - ✔✔Any facts are so relevant if
from their existence inferences may properly be drawn as to the existence of the fact in
issue
✔✔The initial part of S197 CPA, protects an accused against answering certain
questions. Name the four categories of questions for which protection is granted. -
✔✔a) that the accused has committed an offence other than the one he is charged with
b) that the accused has been convicted of an offence other than the one he is charged
with
, c) that the accused has been charged with an offence other than the one he is currently
charged with
d) that the accused is of bad character
✔✔What is the general rule regarding evidence of an accused's previous convictions? -
✔✔it is inadmissible
✔✔What does section 211 state about the cross examination of the accused - ✔✔the
accused may not be asked whether he has previously been convicted
✔✔What is the relationship between section 211 and the rule against the admissibility of
similar fact evidence - ✔✔- section 211 deals with any previous conviction
- in the case of similar fact evidence, the previous conviction has to be similar to the
current one.
- in the latter event, the principles governing the admissibility of similar fact evidence will
take precedence over section 211, owing to the operation of section 252 of the CPA,
which applies the law that was in force on 30 May 1961
✔✔Two pieces of evidence about a complaint made soon after an alleged offence of a
sexual nature are admissible even if this evidence is about a previous consistent
statement. These are: - ✔✔1. evidence that such a complaint was made
2. evidence about the contents of the complaint
✔✔Factors on which the court should base its discretion - ✔✔- nature of the
proceedings
- nature of the evidence
- purpose for which the evidence is tendered
- the probative value of the evidence
- the reasons why the evidence is not given by the person upon whose credibility its
probative value depends
- any prejudice to opponents
- any other factor which, in the opinion of the court, should be taken into account
✔✔Cite 6 examples of instances where a court may allow the evidence of a layperson -
✔✔- approximate age of a person
- state of sobriety of a person
- the general condition of something
- the approximate speed at which a vehicle was travelling
- a summary of factual data perceived by him (eg "angry")
- the identity of handwriting
✔✔Should a court allow unchallenged opinion evidence given by a layperson - ✔✔the
court may allow the unchallenged opinion of a lay person, subject to the following
provisos:
-
