LEV MCQ
1. 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
- 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
- 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
- Because the pointing out forms part of the inadmissible confession, it can never be
admissible evidence
- Section 35(5) of the Constitution of 1996 is irrelevant in this situation
2. Consider the following statements and choose the correct option
- If the content of a document must be proved, secondary evidence will sometimes be
accepted, but it must always be in written form.
- Evidence derived from pocket calculators is free from human intervention and is therefore
documentary evidence.
- The word “document” is a very wide term but cannot also include computer printouts.
- 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. Consider the following statements and choose the correct option:
- A title deed and a baptismal certificate are examples of public documents.
- 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.
- The following are all examples of documentary evidence: photographs, wills, books and
drawings.
- A subpoena duces tecum is usually used in both civil- and criminal matters to force the
accused to reveal certain documents
4. 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 …
- 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.
- 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.
- to choose, and to consult with a legal practitioner, and to be informed of this right promptly.
- to adduce and challenge evidence and not to be a compellable witness against himself or
herself.
5. A copy of a typed contract stands to be admitted in court. The contract will ...
- 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.
- constitute documentary evidence where it is admitted to establish the terms of the contract.
- constitute real evidence where it is admitted to establish the terms of the contract.
- 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.
1. 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
- 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
- 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
- Because the pointing out forms part of the inadmissible confession, it can never be
admissible evidence
- Section 35(5) of the Constitution of 1996 is irrelevant in this situation
2. Consider the following statements and choose the correct option
- If the content of a document must be proved, secondary evidence will sometimes be
accepted, but it must always be in written form.
- Evidence derived from pocket calculators is free from human intervention and is therefore
documentary evidence.
- The word “document” is a very wide term but cannot also include computer printouts.
- 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. Consider the following statements and choose the correct option:
- A title deed and a baptismal certificate are examples of public documents.
- 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.
- The following are all examples of documentary evidence: photographs, wills, books and
drawings.
- A subpoena duces tecum is usually used in both civil- and criminal matters to force the
accused to reveal certain documents
4. 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 …
- 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.
- 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.
- to choose, and to consult with a legal practitioner, and to be informed of this right promptly.
- to adduce and challenge evidence and not to be a compellable witness against himself or
herself.
5. A copy of a typed contract stands to be admitted in court. The contract will ...
- 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.
- constitute documentary evidence where it is admitted to establish the terms of the contract.
- constitute real evidence where it is admitted to establish the terms of the contract.
- 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.
