LEV3701 LATEST EXAM
PACK 2025
QUESTIONS AND
ANSWERS
For assistance contact
Email:
, lOMoARcPSD|31863004
Question 1
Consider the following statements about hearsay evidence, and identify the correct
option:
(1) If a witness in a civil matter tells the court that something was admitted by
someone else, such evidence, strictly speaking, amounts to hearsay evidence.✓
(2) 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.
(3) Hearsay evidence consists of oral evidence about that which a witness previously
heard and wants to testify about in court. Hearsay can therefore never be in a written
form.
(4) If the court classif es certain evidence as hearsay, such evidence will no longer be
hearsay if the person upon whose credibility the probative value of the evidence
depends, testif es during the proceedings.
Question 2
During a civil matter, the plaintif 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) hearsay evidence.
(2) inadmissible opinion evidence.✓
(3) evidence about a previous consistent statement.
(4) similar fact evidence.
Question 3
A homeowner shoots and kills a burglar in his house, and is subsequently charged with
murder. During the trial, an inspector in the South African Police Service testif es that
the accused stated to him: “Yes, I did kill him, but it appeared as if he had a firearm in
his hand”. Consider the following statements, and identify the correct option:
, lOMoARcPSD|31863004
(1) The inspector is testifying about an admission made by the accused.✓
(2) The inspector is testifying about a confession made by the accused.
(3) The inspector is testifying about a previous consistent statement.
(4) The inspector cannot testify about the statement, because it was not confirmed
and reduced to writing in front of a magistrate or justice of the peace.
Question 4
Consider the following statements about admissions and confessions, and identify
the correct option:
(1) 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.
(2) If the content of a statement does not expressly admit all the elements of an of
ence, but does so by necessary implication, then the statement amounts to a
confession.✓
(3) A statement that contains the words “made without prejudice” can never be
disclosed.
(4) A statement made to a friend (who is not also a peace off i cer), 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.
Question 5
Consider the following statements about the admissibility of admissions and
confessions, and identify the correct option:
(1) If you make a confession to a friend (who is not also a peace off i cer), evidence
about that confession will be inadmissible, unless your friend is also a justice of the
peace.
(2) If a confession is made to a justice of the peace, it must be confirmed and reduced
writing in the presence of a magistrate.
, lOMoARcPSD|31863004
(3) A confession made to a messenger of the court must be confirmed and reduced to
writing in the presence of a magistrate or justice of the peace in order to be
admissible.✓
(4) In terms of section 1 of the Criminal Procedure Act 51 of 1977, the term “justice”
refers to “a person who is a justice of the peace under the provisions of the Justices of
the Peace and Commissioners of Oaths Act,1963". A warrant of cer in the South African
Police Service is included in this definition.
Question 6
The accused is forced to point out the weapon that he used to kill his wife. The gun,
which has the accused’s fingerprints on it, will be …
(1) admissible in terms of section 218(1) of the Criminal Procedure Act 51 of 1977.✓
(2) inadmissible in terms of section 218(1) of the Criminal Procedure Act 51 of 1977.
(3) admissible in terms of section 218(2) of the Criminal Procedure Act 51 of 1977.
(4) inadmissible in terms of section 218(2) of the Criminal Procedure Act 51 of 1977.
Question 7
Consider the following statements about the privilege against self-
incrimination, and identify the correct option:
(1) If someone is not advised about the right against self-incrimination during bail
proceedings, evidence
obtained from him or her during such proceeding will generally be admissible.
(2) The privilege against self-incrimination is available to a witness who testifies
at an inquest.✓
PACK 2025
QUESTIONS AND
ANSWERS
For assistance contact
Email:
, lOMoARcPSD|31863004
Question 1
Consider the following statements about hearsay evidence, and identify the correct
option:
(1) If a witness in a civil matter tells the court that something was admitted by
someone else, such evidence, strictly speaking, amounts to hearsay evidence.✓
(2) 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.
(3) Hearsay evidence consists of oral evidence about that which a witness previously
heard and wants to testify about in court. Hearsay can therefore never be in a written
form.
(4) If the court classif es certain evidence as hearsay, such evidence will no longer be
hearsay if the person upon whose credibility the probative value of the evidence
depends, testif es during the proceedings.
Question 2
During a civil matter, the plaintif 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) hearsay evidence.
(2) inadmissible opinion evidence.✓
(3) evidence about a previous consistent statement.
(4) similar fact evidence.
Question 3
A homeowner shoots and kills a burglar in his house, and is subsequently charged with
murder. During the trial, an inspector in the South African Police Service testif es that
the accused stated to him: “Yes, I did kill him, but it appeared as if he had a firearm in
his hand”. Consider the following statements, and identify the correct option:
, lOMoARcPSD|31863004
(1) The inspector is testifying about an admission made by the accused.✓
(2) The inspector is testifying about a confession made by the accused.
(3) The inspector is testifying about a previous consistent statement.
(4) The inspector cannot testify about the statement, because it was not confirmed
and reduced to writing in front of a magistrate or justice of the peace.
Question 4
Consider the following statements about admissions and confessions, and identify
the correct option:
(1) 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.
(2) If the content of a statement does not expressly admit all the elements of an of
ence, but does so by necessary implication, then the statement amounts to a
confession.✓
(3) A statement that contains the words “made without prejudice” can never be
disclosed.
(4) A statement made to a friend (who is not also a peace off i cer), 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.
Question 5
Consider the following statements about the admissibility of admissions and
confessions, and identify the correct option:
(1) If you make a confession to a friend (who is not also a peace off i cer), evidence
about that confession will be inadmissible, unless your friend is also a justice of the
peace.
(2) If a confession is made to a justice of the peace, it must be confirmed and reduced
writing in the presence of a magistrate.
, lOMoARcPSD|31863004
(3) A confession made to a messenger of the court must be confirmed and reduced to
writing in the presence of a magistrate or justice of the peace in order to be
admissible.✓
(4) In terms of section 1 of the Criminal Procedure Act 51 of 1977, the term “justice”
refers to “a person who is a justice of the peace under the provisions of the Justices of
the Peace and Commissioners of Oaths Act,1963". A warrant of cer in the South African
Police Service is included in this definition.
Question 6
The accused is forced to point out the weapon that he used to kill his wife. The gun,
which has the accused’s fingerprints on it, will be …
(1) admissible in terms of section 218(1) of the Criminal Procedure Act 51 of 1977.✓
(2) inadmissible in terms of section 218(1) of the Criminal Procedure Act 51 of 1977.
(3) admissible in terms of section 218(2) of the Criminal Procedure Act 51 of 1977.
(4) inadmissible in terms of section 218(2) of the Criminal Procedure Act 51 of 1977.
Question 7
Consider the following statements about the privilege against self-
incrimination, and identify the correct option:
(1) If someone is not advised about the right against self-incrimination during bail
proceedings, evidence
obtained from him or her during such proceeding will generally be admissible.
(2) The privilege against self-incrimination is available to a witness who testifies
at an inquest.✓
