Test 1 Learning unit 1 and unit 2
s ces
Precedent
535 2 c
innocent until
Proven otherwise
5356764
5351311
the what
now
accusatorial
inquisitorial
the one that we use in SA
I I
Me
Principles
Iiiiiiiii
ƒƒEƒ prevent
Rules
r
irrelevant
0
evidence which negatively impacts the
fainess and integrity of the cases
not
88
80000098800
Intend
I
NB
89088008088
O
E
ƒ
I
Tendencies
ƒ
o
880800
0088088
or
[Link] witness wether it is an expert
g
It depends
2
not open to more than one
interpretation
amiss
5
Fact vs opinion
anyone except us
If witness is unable to provide
awill
reasons for their opinion this not affect the evidence's
admissibility butrather the weight to be attached to thequid
0888880
D8 808
WON
O P
8
affects the weight that shard be attached to the audience
not the admissibility of the evidence
EXPERT WITNESS
requirements
A
088 0 DEF
Requirements
accusatasystem
I
completed after thepiece operidence
hasbeen presented in a judicial proceeding
How to establish good character
Evidence of the accused's
bad character
Generally
excluded
t
H
00380 08
Exception
identifying perpetrators
88 8888 Thing done
Past recollection
recorded
viva voce orally
2021 THT Q PAPER
Question 1
It Circumstantial and direct evidence
Circumstantial evidence forms an
important
component of the information furnished to
the court It furnishes indirect proof For
Endence be that A
example may given
had motive to kill B and was seen running
B's home with a bloodstained knife
from
Direct evidence happens when a
fact an
issue is proved directly by such evidence
for
an
example where witness C testifies
that he saw A stabbing B on the latter
home
to
1.2 accusatorial and inquisitorial system
used
The accusatorial procedure is the one that
is used in South Africa It is also known
as the trial battle parties are subject
by
to cross examination A burden of proof
must be fulfilled The inquisitorial system
in that there is no
p
contest between the parties the preside
officer is responsible ensuring all
relevant information for
Koo
3 Previous statement
consistent
Generally irrelevant
A previous consistent statement is a written
or oral statement made by a witness on
some occasion to testifying and which
prior
with
corresponds or its substantially similar
to his testimony in court
A previous consistent statement is exclude
because its relevance
of
A previous consistent statement is excluded
trial
because they are
from generally
irrelevant A
previous consistent statement
usually has insufficient probative force
there is the danger of easy fabrication
evidence of previous consistent statements
would in most cases be completely
unnecessary because witness's evidence
a
would be consistent with what he said
It is excluded
from trial because it is
time consuming and lead to the
may and the Mle
evidence
duplication of
self corroboration limits the
g pro
value pree consistent statement
of a
to such an extent that proof of such
statement is generally excluded
Question 2
21 Expert witness woo
An expertuitness will be allowed in
court to lead expert evidence when
the court is not
fully aware of the
situation at hand or donethane
they
Enough info An expert witness willbe
allowed incourt to
assist the court
evidence a matter
gather enough
when the regarding
courtneeds help
Basically
an expert
from
on
2.2 Similar fact evidence
The rationale forthe exclusion of
similar evidence
fact
Similar evidence is evidence of
illegal
fact
or immoral conduct by a person
in circumstances that are
logically that
connected substantially similar to
person's conduct in a circumstance that
s dispute
As
Similar fact evidence is generally
Irrelevantbecause its prejudicial
effect outweighs its probative value
Usually irrelevant because it does
not relate to issues before the
court His procedurally inconvenient
because itraises many collateral
issues that are distracting expensive
and time consuming to investigate
The concept of coincidence
In R u Bond the accused a medical
practitioner was combed unlawfully
using instruments upon multiple
women to perform illegal abortions
The evidence was inadmissable because
there was no line between the abortions
and the accused A mistake is made
when evidence of previous misconduct
by the accused will have the requisite
probative value when the other
incidents are
uniquely strikingly
similar
2022 Q paper
Questions
H accusatorial us inquisitorial
procedure
12 Parol evidence rule
extrinsic evidence
The pard evidence rule provides
that where jural
a act is incorporated
into a document is not
generally
permissable to adduce extrinsic
evidence of its terms this refers
to endence other them the document
itself Closely connected with the
evidence rule is that no
panevidence may be given to alter the
clear and unambiguous meaning of
a contract whether written or oral
Question 2
21 The rationale for the exclusion of
similar fact evidence
2.2 An witness relying on textbook
expert
This expert makes use of hearsay
In Monday Protea assurance the
u
court held that where an expert
relies on textbooks must show that
by reason of his her own trainig affirms
in
the correctness of the statements
the book and the work to which he
refers is reliable m the sense that
it has been wetten by a of
person
established repute proved experience
in that field
An expert with purely theoretical
knowledge cannot his her
support
opinion on a special field by referring
to passages in the book which has
not been shown to be authoritative
2.3 The purpose of section 197 of
the CPA
It protects the accused against
Cross examination by prosecution that
Is directed at showing bad character
Instances in 5197 that would allow
the accused to be cross examined
forhis her bad character
adducing evidence of his her
y g
good character
attacking the character of
By
prosecution witness
By testifying against another
person charged with the same
offence
2.4 Previous consistent statements
Common law requirements concerning
sexual cases admissibility
the must have been a
complaint
one
voluntary
the complainant must testify
the complaint must have been
made at the reasonable opportunity
first
The complainant must have been a
victim of sexual offence
criticisms leveled attle Cl
sexual cases
The mle has no national basis and
is to the
potentially prejudicial
complainant as well as the accused
The rule
fails to take into
account research which confirms that
Silence is of a series of post
traumatic
part caused by crimes
responses
such as rape
That in the absence of a complaint
made within a reasonable time after
the incident there is a risk that
court might draw an adverse
interference regarding the credibility
of the complainant
2020 Q Paper
Burden of proof def
The impact of the constitution of
the law of evidence
IEI [Link] J
Eda
EYES [Link] E
Learning units
There is
NIB EYEPIECEto
a the duty on court ensure that this
privilege is upheld regardless of whether or not
the to the claim it
I
section 35
EINES EYES 8T 47858
[Link]'SEES
must be excluded
NB Even if the evidence is
relevant it cannot be
accept
bythe cantifit
was obtained unconstitutionally
Important
a
When determining the to a trial courts
g
have a discretion that must be exercised on
basis of facts of each case by considering
Factors
discretion
oh ay exer ng d
G First second leg
A
Pillay
he said she said
00
i
I
I
r
was that 5212 was unconstitutional in that by
allowing for hearsay to be admitted it deprived the
accused of the opportunity to cross examine
consequently infringed his right to challenge evidence
EY b Kylos IN
EIETEENIES8788908 Edo
End o
GANN Ʃ
I 5217 1
camoadkedduress
0
1
a confession
must be
[Link]
proved that the accused
understood what he was saying
The presiding officer will decide if the requirements of
admissibility have been met To avoid potential prejudic
o the accused the court does not consider the contents of
confession before determining whether its admissable
unit 4
Learning
Admissibility of relevant evidence
Relevant evidence
PAT
that
audi alteram parter rule
sections deals
NB with oral evidence 0
5161 CPA
542 CPEA 0 88
use words
Nice
your
a
a
aim any
witness
net case law
NB
55B B IS
548 688
OATH Section 162 CPA
AFFIRMATION section
p
I e edary I 1
witness
For
CROLE
Procedural ingers
RIESEN E [Link]
AND DOCUMENTARY ENDENEEF
Real evidence is an object which upon propert
dentification becomes of itself evidence
The party who wishes to produce real
evidence for inspection by the court must
absence of a
n the formal admission by
an opponent call a witness who can identify
me object
Misidentified
itis relevant
properly
will be Real evidence I
received as an If there is no
exhibit labelled other rule demanding
numbered available exclusion
forinspection based
is
The and relevance to on a
witness
efficacy
who where the
explains used or
exhibit found howitwas
was
why he claims that he is the owner
Courts are not allowed to make observations
which require expert knowledge
Appearance characteristics of a
are real evidence wounds sustained
person
she by aperson
strength
dexterity skill in
performing tasks
especially with
the hands
TEMP 18868 RELIEDEPI
be admissible as real evidence
y
Disadvantage possibility of editing altering
of the tapes
the should be satisfied that it
court
is shown prima facie that the recording
is original sufficiently intelligible
accuracy of transap tin
speakers must be identified
crime scene
[Link] 1948604883on anorobject
have strong probative value in linkingthe
accused with the commission of a crime
HOW FINGERPRINT EVIDENCE IS OBTAINED
Police officer lifts a print by means of
folien from the object
sends off the folien fingerprints
taken the suspect to a police
from
experts stationed at a main centre
expert compares fingerprints w those
at the scene
found
expert Mount enlarged photographs
of the two sets of prints and mark
similarities
seven of similarity are sufficient
points
to reasonable doubt that
p ay
it is one
person
v0
Footprints do not require explanation
and the court is not obliged
by an expert
to accept an opinion as to the identity of
footprints
[Link] IreD 8980858
IIPEd
EYESHADES EINES VIELE same as audiorecordings
O
p
BEECE RELOAD
PHOTOGRAPHS EYE section 232 of the CPA
injuries accident damage
Used when an item is too bulky to produce in
court
witnesses may also identify persons by
examining photographs
Def photograph A photograph is a document
In terms of part V1 of the
CPEA 5330 and may be admissible
in both civil and criminal proceeding
5222 o
fthe CPA the
photographer has acknowledged in writing
I P dg g
thathe is responsible for its accuracy
FILMS same info as photographs
DAESGPEEEQF
to observe the scene of an
[Link]
incident or
the nature of an object which cannot be
produced in court
this is within the discretion of the
court
Inspections In loco anminal cases 5169
inspections on cases Rule 3041 d may mles
PURPOSES
maytheenable the court to
follow oral evidence more
clearly
May enable the court to observe
some real endon e which is additional
to the oral evidence
This should take place after the
evidence and arguments have been completed
be observations made by court should be
recorded and the parties should be
afforded the opportunity of making
submissions and leading evidence to correct
an observation which seems to be Incorrect
INTERNET Fake.BA810
Section 228 of the CPA
section 4 ofthe C PEA
comparisons of disputed handwriting should be
proved by a witness
a layman may give evidence concerning
he knows
the comparison of the
its
unting
the court may draw conclusions based on
its comparisons
83RD 1355 1 05808
EYE
1 8180DAYS IE federations
8TGBP A panettone
Paternitytests
blood testresutts are used in litigation
[Link]
EG I ELEANEER
created electronically
electronic
go ng
Electronic Communications and TransactionsAct
cheek assignment
[Link] EDEEE5ES'CEES
A competent witness is a person whom the law
allows a party to ask but not to compel to
give evidence
is prehedge
Any info they give
General rule Every person is presumedto be
competent and compellable to
evidence unless the matter
give competence and compellability
of
is regulated by statutory provisions
[Link] esao
at a there is age limit
no
no
statutory provision governing a child's
capacity to give evidence
children testify provided
Every young
that may the duty
appercate
of speaking the truth
have sufficient intelligence
can communicate effectively
