LEV3701 EXAM SCRIPT 2025/2026 QUESTIONS WITH
ANSWERS MARKED A+
✔✔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:
-
✔✔What requirements should be complied with before a copy of an official doc can be
produced in court - ✔✔- copy must be certified a true copy or extract by the head of
Department in control or custody of the doc, or any office authorized to do so.
- the copy can then be handed in to the court by anybody
✔✔If the original doc has to be produced in criminal proceedings, what requirement
should be complied with, before this may be possible - ✔✔- an original official doc may
be produced only upon an order by the Attorney General (DPP)
✔✔Requirements for the admissibility of confessions - ✔✔confessions have to be made
1. freely and voluntarily
2. by a person in his sound and sober senses
3. without being unduly influenced thereto
*there is an additional requirement in the case of a confession made to a peace officer:
4. if the confession is made to a peace officer who is not a justice of the peace or a
magistrate, it has to be confirmed and reduced to writing in the presence of a magistrate
or justice of the peace.
✔✔Definition of justice - ✔✔- a person who is a justice of the peace under the
provisions of the Justices of the Peace and Commissioners of Oaths Act 1963
- it could be someone in SAPS with the rank of lieutenant, captain, major, colonel and
brigadier.
✔✔Definition of peace officer - ✔✔- includes any magistrate, justice, police official,
member of the prisons service and any person who is a peace officer under section 334
ANSWERS MARKED A+
✔✔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:
-
✔✔What requirements should be complied with before a copy of an official doc can be
produced in court - ✔✔- copy must be certified a true copy or extract by the head of
Department in control or custody of the doc, or any office authorized to do so.
- the copy can then be handed in to the court by anybody
✔✔If the original doc has to be produced in criminal proceedings, what requirement
should be complied with, before this may be possible - ✔✔- an original official doc may
be produced only upon an order by the Attorney General (DPP)
✔✔Requirements for the admissibility of confessions - ✔✔confessions have to be made
1. freely and voluntarily
2. by a person in his sound and sober senses
3. without being unduly influenced thereto
*there is an additional requirement in the case of a confession made to a peace officer:
4. if the confession is made to a peace officer who is not a justice of the peace or a
magistrate, it has to be confirmed and reduced to writing in the presence of a magistrate
or justice of the peace.
✔✔Definition of justice - ✔✔- a person who is a justice of the peace under the
provisions of the Justices of the Peace and Commissioners of Oaths Act 1963
- it could be someone in SAPS with the rank of lieutenant, captain, major, colonel and
brigadier.
✔✔Definition of peace officer - ✔✔- includes any magistrate, justice, police official,
member of the prisons service and any person who is a peace officer under section 334
