LEV3701 Assignment 1 QUIZ (ANSWERS) Semester 1 2026 - DISTINCTION GUARANTEED

Comprehensively structured LEV3701 Assignment 1 QUIZ (ANSWERS) Semester 1 2026 - DISTINCTION GUARANTEED. Prepared to a distinction standard with detailed and well-developed responses.. Consider the following statements about real evidence and choose the correct option: When fingerprints are used, an enlargement of the accused's fingerprint is compared in court with that of a fingerprint found at the scene of the crime. If seven points of similarity are found, this will usually amount to proof upon a balance of probabilities that the same person made the two sets of prints. Blood and tissue, as well as DNA, are examples of expert evidence that need to be explained by someone with knowledge in this regard. The behaviour of an accused in court will sometimes constitute real evidence. When footprints are used as evidence, an enlargement of the accused’s footprint is compared in court with that of a footprint found at the scene of the crime. If seven points of similarity are found, this will usually amount to proof beyond reasonable doubt that the same person made the two sets of prints. Consider the following statements regarding the onus of proof in criminal and civil matters and choose the correct option: The onus of proof rests on the state throughout a criminal trial, but the evidentiary burden sometimes shifts onto the accused, for instance when the state has established a good prima facie case. The incidence of the onus of proof is an issue that is determined by the procedural law. In both criminal and civil cases, the evidentiary burden is only relevant at the end of a trial. In criminal cases, the state always bears the onus of proof regarding all issues and defences. A shoots and kills his wife’s lover in his wife’s presence and is subsequently charged with murder. A's wife is a witness. A's wife is ... both an identifying witness and a single witness. incompetent to testify on behalf of the state. only a single witness. only an identifying witness. Consider the following statements regarding marital privilege and choose the correct option: A third party that overhears a conversation between two spouses cannot testify about that communication in a court of law. Marital privilege belongs to the party who made a specific communication. Marital privilege applies to communications made during the marriage. If the spouses get divorced, that privilege will no longer apply to communications made during the marriage. During a domestic violence dispute, a husband points a gun at his wife and verbalises his intention to kill her and the children. In a following criminal case, the wife can be compelled to testify about the pointing of the gun but can refuse to testify about what the husband said to her during the dispute. The complainant, an alcoholic, alleges that she was raped in an ambulance by an assistant who claims that the complainant consented to the sexual intercourse. At the hospital, she repeatedly alleged rape and was overheard by a nurse. During the trial, the complainant, suffering from alcoholic amnesia, cannot remember her repeated statements. Consider the following options and choose the correct answer: Her statements at the hospital are inadmissible self-serving statements that cannot be admitted because of the rule against self-corroboration. Her statements at the hospital are inadmissible hearsay. Her statements at the hospital are admissible previous consistent statements because it shows her state of mind at the time of the rape. Her statements at the hospital are admissible hearsay. Consider the following statements about admissions and choose the correct option: Formal admissions in civil matters can be withdrawn without permission from the court. Formal admissions in criminal matters are so called because a magistrate must formally confirm and reduce them to writing before the trial commences. Evidence about an involuntary pointing out will be admissible if a relevant fact is discovered because of such a pointing out. Section 218(1) of the Criminal Procedure Act 51 of 1977 essentially states that evidence of any fact may be admitted at criminal proceedings, notwithstanding that the witness discovered such fact only in consequence of information given by an accused in a confession or statement which is not admissible. Consider the following statements about corroboration and choose the correct option: When a party is required to corroborate specific evidence, it means that he or she will carry a larger evidentiary burden than usual. Documentary evidence can never serve as corroborative evidence. All South African legal rules with respect to corroboration are derived from Canadian law. Evidence, which is normally inadmissible, may become admissible if the only purpose of it is to corroborate other evidence. Consider the following statements about admissions and confessions and choose the correct option: A subjective test is used to determine whether a statement is an admission, and an objective test is used to determine whether such a statement was voluntarily made. A confession which was voluntarily made, but which is inadmissible because some other requirement for admissibility was not met, may still be admissible if it is relevant and contains an admission. A statement that is meant to be exculpatory can be an admission if, in the end, it is to the detriment of the maker thereof. A statement is a confession if it was freely and voluntarily made by a person in his sound and sober senses and without having been unduly influenced thereto. A 14-year-old complainant was raped by two young men. At the time of the rape she did not report the matter to her parents or lay charges, but briefly told Vanessa, a friend, about the incident. Nineteen years later the complainant accidentally met one of her assailants. These revived memories of her ordeal and prompted her to lay charges against the men who raped her. The complainant testifies during the case. Consider the following statements and choose the correct option: Vanessa's evidence is evidence about a previous consistent statement. Vanessa's evidence is admissible hearsay evidence. Because the case is of a sexual nature, the court must approach the complainant's evidence with caution. Vanessa's evidence is inadmissible hearsay evidence. Sipho and his wife, Eunice, have been experiencing marital difficulties for some time. One evening, while Sipho was supposedly working late, Eunice was stabbed to death. After a long investigation, the police arrested and charged Sipho with the murder of Eunice. At the trial, Sipho’s attorney attempts to have Sipho’s neighbour, Innocent, testify that his wife, Joyce, had told him that she was having an affair with Sipho, and that she had murdered Eunice out of jealousy and a passionate desire to be with Sipho. Innocent is ready and willing to testify. Although aware of the trial, Joyce decides to stay at home. The prosecution objects to the admissibility of Innocent’s evidence. Consider the following statements and choose the correct option: Joyce’s statement is inadmissible, because it was not confirmed and reduced to writing in the presence of a magistrate or a justice of the peace. Joyce’s statement, which was made freely and voluntarily and while she was in her sound and sober senses and without undue influence, is admissible evidence of a confession. The prosecution will be successful with their objection since Joyce’s statement is privileged information. Innocent’s testimony about Joyce’s statement will be inadmissible hearsay evidence. The plaintiff testifies that just before a road accident he had seen a lorry coming towards him. During cross-examination it is suggested to him that he is fabricating this sighting of the lorry because he did not mention the lorry when making his statement to the police. The plaintiff now wants to submit evidence that he mentioned the lorry to another witness shortly after the accident. This evidence will be ... admissible to corroborate the plaintiff's evidence. hearsay evidence. inadmissible due to irrelevance. admissible to support the plaintiff's credibility. Cocky receives a summons in which his girlfriend institutes a civil action against him. She claims for damages because of a stab wound inflicted by Cocky. Cocky consults his lawyer, who draws up the plea, which includes the following statement: Cocky stabbed the plaintiff in self-defence. This statement is ... an informal admission. hearsay. a formal admission. a confession. During a civil matter, the plaintiff wants to present the record of a witness’s evidence in a criminal trial based on the same facts, as evidence against the defendant. The evidence will be: hearsay evidence. evidence about a previous consistent statement. admissible opinion evidence. similar fact evidence. Two accused are charged with dealing in cocaine. Accused A testifies that he received a packet with unknown contents from accused B to keep for accused B. He states that he had no knowledge of the contents of the packet and thus places the blame squarely on accused B. The prosecution now wants to question accused A about two previous convictions for possession of and dealing in cocaine. Such questioning by the prosecution ... will be admissible in terms of section 197 of the Criminal Procedure Act 51 of 1977. will be inadmissible in terms of section 197 of the Criminal Procedure Act 51 of 1977. will be admissible in terms of section 252 of the Criminal Procedure Act 51 of 1977. will be inadmissible in terms of section 211 of the Criminal Procedure Act 51 of 1977. Consider the following statements about confessions and choose the correct option: A confession can only be used as evidence in court if it was also reduced to writing at the time it was made. A statement that contains a defence can never be a confession. If a confession is made to a justice of the peace, it must be confirmed and reduced to writing in the presence of a magistrate. If you make a confession to a friend who is not also a peace officer, evidence about that confession will be inadmissible, unless your friend is also a justice of the peace. A suspect is arrested for allegedly raping a victim and makes a statement to the police. Consider the following options and choose the correct answer: The suspect’s statement to the police will be a confession if he stated, I raped her. The suspect’s statement to the police will be a formal admission if he stated, I raped her. The suspect’s statement to the police will be a confession if he stated, I had sex with her. The suspect’s statement to the police will be a formal admission if he stated, I had sex with her. Consider the following statements regarding legal professional privilege and choose the correct option: Legal professional privilege falls away if a statement can prove the innocence of an accused. If an accused testifies in court about what was said between him and his legal advisor, he or she can still claim the privilege at a later stage. If an agent provides information to a legal advisor, that communication will be privileged, in other words, the client can prevent such a person from revealing the information. If an independent third party provides information to a legal advisor, that communication will be privileged, in other words, the client can prevent such a person from revealing the information. Confessions have certain characteristics. Consider the following statements and choose the statement that is not correct: Confessions are admissible at criminal and civil proceedings. Confession can only be made directly by the confessor. Confessions may be made informally before a criminal trial or formally as a plea of guilty at trial. Confessions must be a direct and express oral or written statement. X is arrested and charged with the murder of his wife. The victim was found dead in her bath. The investigating officer, a captain in the SAPS, tells X that the police are also investigating other murder cases against him and that he would possibly not be charged with the other murders if he confesses to the current charge against him. X therefore confesses to the murder and also proceeds to point out a pair of gloves hidden away in his garage. This pair of gloves was allegedly used in the process of drowning the victim and has some of her hair attached to them. Consider the following statements and choose the correct option: Because the pointing out was voluntarily made, it will be admissible evidence in terms of section 218(1) of the Criminal Procedure Act 51 of 1977. X's statement to the captain is an inadmissible confession. Because the confession was made to a captain in the SAPS, it will be admissible evidence. Because the pointing out was voluntarily made, it will be admissible evidence in terms of section 218(2) of the Criminal Procedure Act 51 of 1977. Consider the following statements about the privilege against self-incrimination and choose the correct option: A witness may refuse to enter the witness box and testify on the basis that, what he is about to say, is protected by privilege. According to S v Dlamini 1999 (2) SACR 51 (CC) no evidence given by an accused during a bail hearing can ever be used against him in the main trial. The privilege against self-incrimination is available to a witness who testifies at an inquest. The testimony given by a witness in a criminal case can never be used against him in a subsequent criminal case if the presiding officer at the first proceedings did not inform him of his rights as a witness. A is wounded during a robbery and found bleeding by B. A tells B: I am alive. This evidence is tendered to show that A was in fact still alive at the time. B's evidence about what A told him will be ... admissible oral evidence. opinion evidence. inadmissible hearsay. admissible hearsay. Consider the following statements about admissions and choose the correct option: Evidence about an involuntary pointing out will be admissible if a relevant fact is discovered because of such a pointing out. Formal admissions in civil matters can be withdrawn without permission from the court. Section 218(1) of the Criminal Procedure Act 51 of 1977 essentially states that evidence of any fact may be admitted at criminal proceedings, notwithstanding that the witness discovered such fact only in consequence of information given by an accused in a confession or statement which is not admissible. Formal admissions in criminal matters are so called because a magistrate must formally confirm and reduce them to writing before the trial commences. The accused, a medical doctor, is charged with two counts of sexual assault on two female patients that allegedly occurred while they were under hypnosis. The first count alleges that he had sexually assaulted a woman called Mary during a consultation on 12 April 2023. The second count alleges that he had sexually assaulted a woman called Jane on 2 May 2023. Mary committed suicide before the start of the trial. Several months before her death Mary had, however, made a statement to the police about the alleged assault. She had also told two friends, Ken and Allan, that the accused had sexually assaulted her. Jane also told her close friends about the sexual assault. Jane will be called as a witness during the trial. Consider the following statements and choose the correct option: The statements Jane made to her friends are hearsay statements. Because this is a case of sexual nature, the accused will in principle be allowed to call witnesses to testify about the character of Mary and Jane. The statement Mary made to the Police is hearsay evidence. The statements Mary made to Ken, Allan and the Police are previous consistent statements. A shoots and kills his wife’s lover in his wife’s presence and is subsequently charged with murder. A's wife is ... both an identifying witness and a single witness. only a single witness. only an identifying witness. incompetent to testify on behalf of the state. Formal and informal admissions in criminal cases are different in that ... formal admissions can only be made by the legal representative of the accused, whereas an informal admission can only be made by the accused. someone needs to testify about an informal admission, but no oral evidence is needed for a formal admission to become part of the evidence. formal admissions must be made during some formal proceeding, but informal admissions can only be made outside of court before the trial commences. formal admissions place the fact admitted beyond dispute, but informal admissions do not. Consider the following statements about admissions and confessions and choose the correct option: By definition, confessions are also found in civil matters. Informal admissions are termed as such because they are always made outside of court before a trail commences. A statement that is meant to be exculpatory can be an admission if, in the end, it is to the detriment of the maker thereof. According to S v Grove-Mitchell 1975 (3) SA 417 (A) the following statement is a confession: I shot her full of holes, I emptied the gun on her. Consider the following statements about documentary evidence and choose the correct option: If the content of a document must be proved, secondary evidence will sometimes be accepted, but such evidence must always be in writing. An historical photo is stolen from a museum. In a subsequent theft case, such document will be classified as documentary evidence. When the subject matter of a cinematographic film is at issue in court, it should be dealt with as documentary evidence. Evidence that aims to prove the content of a document can be classified as hearsay evidence. A 14-year-old complainant was raped by two young men. At the time of the rape she did not report the matter to her parents or lay charges, but briefly told Vanessa, a friend, about the incident. Nineteen years later the complainant accidentally met one of her assailants. These revived memories of her ordeal and prompted her to lay charges against the men who raped her. The complainant testifies during the case. Consider the following statements and choose the correct option: Vanessa's evidence is admissible hearsay evidence. Because the case is of a sexual nature, the court must approach the complainant's evidence with caution. Vanessa's evidence is evidence about a previous consistent statement. Vanessa's evidence is inadmissible hearsay evidence. Consider the following statements about the evidence of an accomplice and choose the correct option: A cautious approach is required only when the accomplice implicates the accused in the commission of the crime. Caution is always essential when dealing with the evidence of an accomplice. Corroboration by means of the evidence of another accomplice is not acceptable. The risk of false incrimination is not reduced if the accomplice is a friend of the accused. Consider the following statements about the evaluation of evidence and choose the correct option: The silence of an accused may affect the evidentiary burden and could therefore cause the accused to be convicted. In criminal cases the state always bears the onus of proof regarding all issues and defences. In both criminal and civil cases, the evidentiary burden is only relevant at the end of a trial. When evaluating circumstantial evidence, it is important for the court to consider each piece of circumstantial evidence in isolation. Mr Whiskey is requested to stop at a roadblock after the annual office party. A breathalyser test confirms that his blood-alcohol content is well above the legal limit. A blood sample is taken against his will and sent for analysis. A certificate from the police forensic laboratory later confirms the breathalyser result. Consider the following statements and choose the correct option: The police are not allowed to take a blood sample against the will of a suspect. The certificate from the laboratory is an example of documentary evidence. The blood sample is an example of expert evidence. The blood sample is an example of evidence of uncertain classification. X is arrested and charged with the murder of his wife. The victim was found dead in her bath. The investigating officer, a captain in the SAPS, tells X that the police are also investigating other murder cases against him and that he would possibly not be charged with the other murders if he confesses to the current charge against him. X, therefore confesses to the murder and also proceeds to point out a pair of gloves hidden away in his garage. This pair of gloves was allegedly used in the process of drowning the victim and has some of her hair attached to them. Consider the following statements and choose the correct option: Because the confession was made to a captain in the SAPS, it will be admissible evidence. X's statement to the captain is an inadmissible confession. Because the pointing out was voluntarily made, it will be admissible evidence in terms of section 218(2) of the Criminal Procedure Act 51 of 1977. Because the pointing out was voluntarily made, it will be admissible evidence in terms of section 218(1) of the Criminal Procedure Act 51 of 1977. Consider the following statements about corroboration and choose the correct option: The answer to a question during cross-examination could never provide corroborative evidence. Corroboration can never come from the same source as the evidence which the corroborative evidence seeks to corroborate. When a party is required to provide corroboration for certain evidence, this means that the burden of proof changes. As a matter of procedure, a formal admission can never provide corroborative evidence. Mrs Philanderer has grown tired of her husband's suspected marital infidelities. She engages the services of a private detective who takes long-range photographs with his camera of Mr Philanderer engaged in improper extra-marital activities. Mrs Philanderer intends using these photographs in court. Consider the following statements and choose the correct option: The photographs will be expert evidence. The photographs will be documentary evidence. The photographs will be evidence of uncertain classification. The photographs will be real evidence. Consider the following statements about the privilege against self-incrimination and choose the correct option: According to S v Dlamini 1999 (2) SACR 51 (CC) no evidence given by an accused during a bail hearing can ever be used against him in the main trial. The privilege against self-incrimination is available to a witness who testifies at an inquest. A witness may refuse to enter the witness box and testify on the basis that, what he is about to say, is protected by privilege. The testimony given by a witness in a criminal case can never be used against him in a subsequent criminal case if the presiding officer at the first proceedings did not inform him of his rights as a witness. Consider the following statements regarding marital privilege and choose the correct option: During a domestic violence dispute, a husband points a gun at his wife and verbalises his intention to kill her and the children. In a following criminal case, the wife can be forced to testify about the pointing of the gun and about what her husband said to her during the dispute. Marital privilege belongs to the party who receives a specific communication. Marital privilege belongs to the party who makes a specific communication. Because of the constitutional right to privacy, a third party that overhears a conversation between two spouses can be prevented from testifying about it in a court of law. Consider the following statements regarding legal professional privilege and choose the correct option: If an accused testifies in court about what was said between him and his legal advisor, he or she can still claim the privilege at a later stage. If an independent third party provides information to a legal advisor, that communication will be privileged, in other words, the client can prevent such a person from revealing the information. Legal professional privilege falls away if a statement can prove the innocence of an accused. If an agent provides information to a legal advisor, that communication will be privileged, in other words, the client can prevent such a person from revealing the information. An otherwise inadmissible confession might become admissible if … an accused gives evidence about a statement which is to his advantage and which does not form part of the inadmissible confession. an accused gives evidence about a statement which is to his disadvantage and which does not form part of the inadmissible confession. an accused gives evidence about a statement which is to his disadvantage and which forms part of the inadmissible confession. an accused gives evidence about a statement which is to his advantage and which forms part of the inadmissible confession. The accused is forced to point out the gun that he used to kill his wife. The gun, which has the accused’s fingerprints on it, will be … inadmissible in terms of section 218(2) of the Criminal Procedure Act 51 of 1977. admissible in terms of section 218(2) of the Criminal Procedure Act 51 of 1977. inadmissible in terms of section 218(1) of the Criminal Procedure Act 51 of 1977. admissible in terms of section 218(1) of the Criminal Procedure Act 51 of 1977. X parks outside the University examination centre and, upon his return, notices that another motorist must have collided with his car whilst he was writing exam. Another student comes up to him and says that he witnessed the incident and that he also took down the other vehicle's registration number. The student hands X a piece of paper with a number written on it. The student then disappears before X can ask her name. X proceeds to sue the owner of the car and the piece of paper is tendered into evidence. The piece of paper will be ... normal documentary evidence. real evidence. hearsay evidence. opinion evidence. The investigating officer takes A, the suspect in a murder case, to a place in the bush where A points out a pistol. This is the pistol, he declares. Ballistic tests confirm that the pistol was used to kill the deceased. A’s behaviour, not his statement, is … an informal admission by conduct. a confession. hearsay evidence. a formal admission. Consider the following statements about the compellability of spouses to testify and choose the correct option: Section 195 of the Criminal Procedure Act 51 of 1977 has, to some extent, been amended by section 68 of the Criminal Law Sexual Offences and Related Matters Amendment Act 32 of 2007. Subsection 195(1)(a) now excludes a child that is merely in the care of the wife or the husband. In terms of section 196 of the Criminal Procedure Act 51 of 1977, the spouse of an accused is a competent as well as a compellable witness in defence of that accused, but only when such an accused is jointly charged with someone else. Section 195 of the Criminal Procedure Act 51 of 1977 is applicable not only to people who are married when testifying is at stake, but also to people who were married when the relevant crime was committed, even though the marriage has been dissolved in the meantime. If the accused is jointly charged with someone else, the spouse of such an accused will be competent and compellable to give evidence on behalf of that co-accused. A crowd of people that are attending a rock concert are attacked and robbed of their wallets and jewelry. X, Y and Z, members of the audience, capture footage of the criminals on a camera, a video-camera and a cellular-phone respectively. The robbers are caught and charged with robbery. Consider the following statements about the trial evidence and choose the correct option: The photograph taken by X can be regarded as documentary evidence because it is used to represent something that is the subject matter of the court case. According to S v Mpumlo 1986 (3) SA 485 (E) and S v Baleka (1) 1986 (4) SA 192 (T) the videotape footage by Y can be classified as documentary evidence. The data message captured on Z’s cellular phone depicting the robbery is inadmissible and carries no evidential weight. According to S v Singh 1975 (1) SA 330 (N) and S v Ramgobin 1986 (4) SA 117 (N) the videotape footage by Y can be classified as real evidence. Consider the following statements and choose the correct option: Microfilm is readable with the naked eye and is usually submitted for its subject-content. It is therefore treated as documentary evidence. The subject of a theft case is an historical photograph that was stolen from a museum. The photograph will be treated as documentary evidence. A person is charged with the unlawful possession of pornographic photographs. The court will treat the photographs as real evidence. Official documents is another term for public documents that are kept under the supervision or control of the Director of Public Prosecutions. The evidential value of a piece of evidence is important … only when determining the admissibility of that evidence. only during the evaluation of that evidence. both during the evaluation of that evidence and when determining its admissibility. when that evidence is evidence about a previous consistent statement. Consider the following statements and choose the correct option: There is no need to authenticate a document if the document originates from a common-law country. Photographs may sometimes constitute documentary evidence, particularly if the physical photograph itself is central to the case, for example where it has fingerprints on its surface. There is no need to authenticate a document if the opposing party has discovered such a document. In common law, public documents are admissible to prove the truth of what they contain. This means that these documents are treated as an exception to the rule against the admissibility of previous consistent statements. Consider the following statements and choose the correct option: 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. Evidence derived from pocket calculators is free from human intervention and is therefore documentary evidence. If the content of a document must be proved, secondary evidence will sometimes be accepted, but it must always be in written form. Consider the following statements and choose the correct option: The Criminal Procedure Act 51 of 1977 can be described as a historical source of the South African law of evidence. If the current South African law does not provide a solution to an evidentiary problem, our courts will first of all search for a solution in the early Roman-Dutch law. Criminal law and criminal procedural law form part of the substantive law, whereas the law of evidence forms part of the procedural law. The facts in dispute in a particular case are heavily influenced by the applicable substantive law. 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 adduce and challenge evidence and not to be a compellable witness against himself or herself. 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. Consider the following statements about real evidence, and choose the correct option: Real evidence refers to a physical object or thing, which is brought before the court for the court to view it for itself. Examples of real evidence could include a knife, a fingerprint or even a person. According to S v Shabalala 1986 (4) SA 734 (A) evidence about a footprint must be analysed and presented in court by an expert. A witness’s behaviour in court can be described as real evidence concerning the credibility of that witness and is of particular importance when the case is before a court of appeal. In S v Mavundla 1976 (2) SA 162 (N) the physical appearance of an accused served as real evidence about his gender. Consider the following statements about previous consistent statements and choose the correct statement: Evidence of a complaint in a sexual case is exceptionally admitted as a matter relating to the complainant’s credibility and is, therefore, corroborative evidence. A previous consistent statement is a statement which is similar to a statement made by someone on a previous occasion in court. A previous consistent statement is normally made by an accused during police custody. There is question of a previous consistent statement when a witness repeats a consistent statement made by another witness on a previous occasion, which serves as self-corroboration for the other witness. During a civil matter, the plaintiff 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 … inadmissible opinion evidence. hearsay evidence. evidence about a previous consistent statement. similar fact evidence. As far as documentary evidence is concerned, a copy of a person's identity document can best be described as ... secondary evidence. primary evidence. indirect evidence. hearsay evidence. 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. Section 35(5) of the Constitution of 1996 is irrelevant in this situation. Because the pointing out forms part of the inadmissible confession, it can never be admissible evidence. 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. Consider the following statements about opinion evidence and choose the correct option: When an expert refers to textbooks while testifying in court, he must not merely convey the author’s opinion to the court since that will constitute inadmissible evidence of previous consistent statements. A lay person may express an opinion on whether the driver of a motor vehicle was under the influence of alcohol. A lay person's opinion about the approximate speed at which a vehicle was travelling is inadmissible evidence. A lay person's opinion about the identity of the author of a specific handwriting is inadmissible evidence. Consider the following statements about hearsay evidence and choose the correct option: 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. If the court classifies certain evidence as hearsay, such evidence will no longer be hearsay if the person upon whose credibility the probative value of the evidence depends, later testifies during the proceedings. Hearsay evidence consists of oral evidence about that which a witness previously heard and wants to testify about in court. Hearsay evidence can therefore never be in a written form. If a witness in a civil matter tells the court that something was admitted by someone else, such evidence is, strictly speaking, hearsay evidence. Consider the following statements and choose the correct option: If a witness gives unfavourable evidence, the party who called such a witness may present evidence which contradicts the witness. Examination-in-chief is conducted by the presiding officer in his capacity as chief of the court. Questions about the accused’s previous convictions or bad character may, as a rule, be asked during cross-examination to attack the credibility of the accused. The party who undertakes examination-in-chief can cross-examine an unfavourable witness. A copy of a typed contract stands to be admitted in court. The contract will ... constitute documentary evidence where it is admitted to establish the terms of the contract. 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 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. constitute real evidence where it is admitted to establish the terms of the contract. G, a well-known personality, is found dead in her house. Fingerprints, footprints and a letter threatening her life are found in her house. Her recently estranged boyfriend, B, is arrested and charged with murder. Consider the following statements and choose the correct option: When fingerprints are used, an enlargement of the accused's fingerprint is compared in court with that of a fingerprint found on the scene of the crime. If seven points of similarity are found, this will usually amount to proof upon a preponderance of probabilities that the same person has made the two sets of prints. The court may look at B’s age, gender, race or observe his performance as a witness and this will be considered as circumstantial evidence. A comparison of B’s handwriting and that found in the letter will be done by an expert and the court is not allowed to hear lay evidence in this regard or draw its own conclusions. Expert evidence is not required about the footprints and the court may draw its own conclusions when comparing B’s footprints with those found at the scene. Consider the following statements and choose the correct option: A subpoena duces tecum is usually used in both civil and criminal matters to force the accused to reveal certain documents. The following are all examples of documentary evidence: photographs, wills, books and drawings. 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. A title deed and a baptismal certificate are examples of public documents. Consider the following statements and choose the correct option: Roman-Dutch law is the common law of South Africa and therefore constitutes the historical source of our procedural law. In terms of section 35(1) of the Constitution, every accused person has the right to adduce and challenge evidence. Section 206 of the Criminal Procedure Act 51 of 1977 is a residuary section, because it provides that the law pertaining to the competency, compellability or privilege of witnesses which was in force in criminal proceedings on 30 May 1961, shall apply in any case not expressly provided for. The law of evidence is part of the substantive law, since the substantive law determines what elements must be proved in court before someone will be guilty of a crime. Consider the following statements about the relevance and admissibility of evidence and choose the correct statement: Facts relevant to the facts in issue may become in issue themselves. An example would be the reliability of a witness. A finding by a court that a piece of evidence is inadmissible due to irrelevance is final and cannot be reconsidered during the same trial. During a trial, the court must first consider the competency of a witness, then the admissibility of evidence, and finally the weight or persuasive value of evidence. The weight of evidence therefore plays no part when the court considers the admissibility of that evidence. Irrelevant evidence will never be admissible, but relevant evidence will always be admissible. X and Y are accused of removing Y's son from the custody of Y's estranged wife and kidnapping him to an unknown destination. W was an eyewitness to the kidnapping. Consider the following statements, and choose the correct option: X can compel Y to testify in defence of X. Y can compel W to testify on his behalf. Y can compel X to testify in defence of Y. X can compel W to testify on his behalf. In the case of an alleged offence of a sexual nature, evidence of a previous consistent statement will inter alia be admissible if the complaint was made ... At the first reasonable opportunity, but not later than 48 hours after the offence was committed. At the first reasonable opportunity, but not later than 24 hours after the offence was committed. At the first reasonable opportunity, and this could be weeks later, depending on the circumstances of each individual case. At the first reasonable opportunity, but not later than 12 hours after the offence was committed. In S v Ndiki and Others 2007 2 All SA 185 (Ck) it is explained that if a computer print-out contains a statement of which a person has knowledge and which is stored in the computer's memory, its use in evidence depends upon the credibility of an identifiable person. It would therefore constitute — real evidence. evidence of uncertain classification. hearsay evidence. documentary evidence. Consider the following statements about admissions and confessions and choose the correct option: If the content of a statement does not expressly admit all the elements of an offence, but does so by necessary implication, then the statement amounts to a confession. A statement made to a friend who is not also a peace officer, 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. A statement that contains the words made without prejudice can never be disclosed. 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. Consider the following statements and choose the correct option: Section 197(d) of the Criminal Procedure Act 51 of 1977 allows for the presentation of evidence of an accused’s previous conviction for possession of dagga if this evidence serves to counter a defence by the accused that he does not know dagga. Section 197 of the Criminal Procedure Act 51 of 1977 protects an accused against answering certain questions during cross-examination, but this protection falls away where the accused is charged with the crime of murder. Section 197 of the Criminal Procedure Act 51 of 1977 protects an accused against answering certain questions during cross-examination, but this protection falls away where the accused is charged with the crime of receiving stolen property. Section 197 of the Criminal Procedure Act 51 of 1977 protects an accused against answering certain questions during cross-examination, but this protection falls away where the accused is charged with the crime of fraud. In the case of a residuary clause, our courts must determine … what the English law currently states. what the Roman-Dutch law stated immediately before South Africa became a Republic in 1961. what the English law stated immediately before the Constitution of the Republic of South Africa came into force in 1996. what the English law stated immediately before South Africa became a Republic in 1961. Consider the following statements about real and documentary evidence and choose the correct option: A photograph is treated as real evidence in the exceptional case when it is presented to prove what the camera recorded. A photograph is treated as real evidence in the exceptional case when it is not presented to prove what the camera recorded. If a photograph is presented to prove the appearance of a person, object or site it will be considered as real evidence. A photograph that is presented to prove fingerprints left on it will be seen as documentary evidence. Witness B tells witness A the following I saw the accused kill the deceased The prosecution proceeds to call witness A to testify about what B told him A’s evidence will be circumstantial evidence. opinion evidence. hearsay evidence. evidence of a previous consistent statement. 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 which intends to prove the content of a document will be hearsay evidence. At common law, public documents are admissible to prove the truth of what they contain. This means that they are treated as an exception to the rule against the admissibility of previous consistent statements. Evidence derived from pocket calculators is free from human intervention and is therefore considered to be documentary evidence. Consider the following statements and choose the correct option: Criminal law and criminal procedural law form part of the substantive law, whereas the law of evidence forms part of the procedural law. The facts in dispute in a particular case are heavily influenced by the applicable substantive law. If the current South African law does not provide a solution to an evidentiary problem, our courts will first search for a solution in the early Roman-Dutch law. The Criminal Procedure Act 51 of 1977 can be described as a historical source of the South African law of evidence. Consider the following statements about confessions and choose the correct option: A confession can only be used as evidence in court if it was also reduced to writing at the time it was made. A statement that contains a defence can never be a confession. If a confession is made to a justice of the peace, it must be confirmed and reduced to writing in the presence of a magistrate. If you make a confession to a friend who is not also a peace officer evidence about that confession will be inadmissible unless your friend is also a justice of the peace. Mrs Philanderer has grown tired of her husband's suspected marital infidelities She engages the services of a private detective who takes long range photographs with his camera of Mr Philanderer engaged in improper extra marital activities Mrs Philanderer intends using these photographs in court Consider the following statements and choose the correct option The photographs will be documentary evidence. The photographs will be expert evidence. The photographs will be evidence of uncertain classification. The photographs will be real evidence. Consider the following statements about the compellability of spouses to testify and choose the correct option: In terms of section 196 of the Criminal Procedure Act 51 of 1977, the spouse of an accused is a competent as well as a compellable witness in defence of that accused, but only when such an accused is jointly charged with someone else. Section 195 of the Criminal Procedure Act 51 of 1977 is applicable not only to people who are married when testifying is at stake, but also to people who were married when the relevant crime was committed, even though the marriage has been dissolved in the meantime. If the accused is jointly charged with someone else, the spouse of such an accused will be competent and compellable to give evidence on behalf of that co accused. Section 195 of the Criminal Procedure Act 51 of 1977 has, to some extent, been amended by section 68 of the Criminal Law Sexual Offences and Related Matters Amendment Act 32 of 2007 Subsection 195 1 a now excludes a child that is merely in the care of the wife or the husband. Consider the following statements about real and documentary evidence and choose the correct option: A. A photograph is treated as real evidence in the exceptional case when it is presented to prove what the camera recorded. B. A photograph is treated as real evidence in the exceptional case when it is not presented to prove what the camera recorded. C. A photograph that is presented to prove fingerprints left on it will be seen as documentary evidence. D. If a photograph is presented to prove the appearance of a person, object or site it will be considered as real evidence. In the case of a residuary clause, our courts must determine … A. what the English law currently states. B. what the Roman-Dutch law stated immediately before South Africa became a Republic in 1961. C. what the English law stated immediately before South Africa became a Republic in 1961. D. what the English law stated immediately before the Constitution of the Republic of South African came into force in 1996. Mrs Philanderer has grown tired of her husband's suspected marital infidelities. She engages the services of a private detective who takes long-range photographs with his camera of Mr Philanderer engaged in improper extra-marital activities. Mrs Philanderer intends using these photographs in court. Consider the following statements and choose the correct option: A. The photographs will be documentary evidence. B. The photographs will be real evidence. C. The photographs will be expert evidence. D. The photographs will be evidence of uncertain classification. The accused, charged with murder, testifies that the death of the victim was an accident and wants to testify that, two days after the killing, he had told his father that it was an accident. Consider the following options and choose the correct answer: A. The statement to his father will be an inadmissible previous consistent statement. B. The statement to his father will be a confession. C. The statement to his father will be hearsay evidence. D. The statement to his father will be an admissible previous consistent statement. During a civil matter, the plaintiff 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 … A. evidence about a previous consistent statement. B. hearsay evidence. C. inadmissible opinion evidence. D. similar fact evidence. Consider the following statements, and choose the correct option: A. Section 195 of the Criminal Procedure Act 51 of 1977 states that a spouse is competent to give evidence on behalf of the prosecution, but that she can be compelled to testify only in certain circumstances. This rule does not, however, apply to persons who are divorced. B. An accused is a competent witness in his own defence and can also be compelled to testify by a co-accused. C. Mr Brawn and Mr Brains are co-accused. Mr Brawn wants to call Mrs Brains as a witness. Mrs Brains is competent to testify in defence of Mr Brawn, but she cannot be compelled to do so. She can, however, be compelled to testify in defence of Mr Brains. D. Where a presiding officer in a court perceives a certain fact in the court over which he or she is presiding, he will be competent to testify on such fact in that court. Identify the correct statement from the options below: Section 35(1) of the Constitution provides for the rights of an arrested person, including … A. the right to be informed of the reason for being arrested promptly. B. the right to choose, and to consult with a legal practitioner, and to be informed of this right promptly. C. the right not to be compelled to make a confession or admission which could be used in evidence against him or her. D. 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 about this right promptly. Witness B tells witness A the following: I saw the accused kill the deceased. The prosecution proceeds to call witness A to testify about what B told him. A’s evidence will be ... A. circumstantial evidence. B. hearsay evidence. C. opinion evidence. D. evidence of a previous consistent statement. Consider the following statements about marital privilege and choose the correct statement: A. A spouse may refuse to answer any question during legal proceedings if the other spouse is entitled to claim a privilege of any kind. B. Marital privilege exists in respect of all communications made during the course of a marriage but does not continue after divorce. C. A widow may refuse to disclose a communication from a spouse made during the existence of the marriage. D. Marital privilege belongs to the spouse who made a specific communication. Consider the following statements about real evidence and choose the correct option: A. When fingerprints are used, an enlargement of the accused's fingerprint is compared in court with that of a fingerprint found at the scene of the crime. If seven points of similarity are found, this will usually amount to proof upon a balance of probabilities that the same person made the two sets of prints. B. When footprints are used as evidence, an enlargement of the accused’s footprint is compared in court with that of a footprint found at the scene of the crime. If seven points of similarity are found, this will usually amount to proof beyond reasonable doubt that the same person made the two sets of prints. C. The behaviour of an accused in court will sometimes constitute real evidence. D. Blood and tissue, as well as DNA, are examples of expert evidence that need to be explained by someone with knowledge in this regard. The accused is forced to point out the gun that he used to kill his wife. The gun, which has the accused’s fingerprints on it, will be … A. admissible in terms of section 218(2) of the Criminal Procedure Act 51 of 1977. B. admissible in terms of section 218(1) of the Criminal Procedure Act 51 of 1977. C. inadmissible in terms of section 218(2) of the Criminal Procedure Act 51 of 1977. D. inadmissible in terms of section 218(1) of the Criminal Procedure Act 51 of 1977. Consider the following statements about confessions and choose the correct option: A. A statement that contains a defence can never be a confession. B. A confession can only be used as evidence in court if it was also reduced to writing at the time it was made. C. If a confession is made to a justice of the peace, it must be confirmed and reduced to writing in the presence of a magistrate. D. If you make a confession to a friend who is not also a peace officer, evidence about that confession will be inadmissible, unless your friend is also a justice of the peace. Consider the following statements and choose the correct option: A. Criminal law and criminal procedural law form part of the substantive law, whereas the law of evidence forms part of the procedural law. B. The Criminal Procedure Act 51 of 1977 can be described as a historical source of the South African law of evidence. C. If the current South African law does not provide a solution to an evidentiary problem, our courts will first of all search for a solution in the early Roman-Dutch law. D. The facts in dispute in a particular case are heavily influenced by the applicable substantive law. X, a bookkeeper, is suspected of embezzlement. The firm employing X engages an accountant to investigate the matter. The accountant compiles a report, and the report is handed to the police. At X's trial the accountant is called as a witness. In his evidence he frequently refers to his report, and a copy of the report is made available to the accused for cross-examination. Subsequently, the report is handed in to become part of the record. Consider the following statements and choose the correct option: A. The report was properly used to refresh the witness's memory. B. The report should not have been incorporated into the record as evidence since it amounted to evidence of a previous consistent statement. C. The report could not be used to refresh the witness's memory since it consisted of hearsay evidence. D. The report could not be used to refresh the witness's memory since it was compiled when litigation had already been foreseen. Consider the following statements and choose the correct option: A. Section 197 of the Criminal Procedure Act 51 of 1977 protects an accused against answering certain questions during cross-examination, but this protection falls away where the accused is charged with the crime of murder. B. Section 197 of the Criminal Procedure Act 51 of 1977 protects an accused against answering certain questions during cross-examination, but this protection falls away where the accused is charged with the crime of receiving stolen property. C. Section 197(d) of the Criminal Procedure Act 51 of 1977 allows for the presentation of evidence of an accused’s previous conviction for possession of dagga if this evidence serves to counter a defence by the accused that he does not know dagga. D. Section 197 of the Criminal Procedure Act 51 of 1977 protects an accused against answering certain questions during cross-examination, but this protection falls away where the accused is charged with the crime of fraud. Consider the following statements about confessions and choose the correct option: A. The test to determine if a statement is a confession is subjective rather than objective. B. The words I took the bicycle is a confession. C. The words I killed him is a confession. D. The words I murdered my wife is a confession. Consider the following statements and choose the correct option: A. Evidence derived from pocket calculators is free from human intervention and is therefore considered to be documentary evidence. B. At common law, public documents are admissible to prove the truth of what they contain. This means that they are treated as an exception to the rule against the admissibility of previous consistent statements. C. Evidence which intends to prove the content of a document will be hearsay evidence. D. If the content of a document must be proved, secondary evidence will sometimes be accepted, but it must always be in written form. The evidential value of a piece of evidence is important … A. only when determining the admissibility of that evidence. B. only during the evaluation of that evidence. C. both during the evaluation of that evidence and when determining its admissibility. D. when that evidence is evidence about a previous consistent statement. Consider the following statements about the compellability of spouses to testify and choose the correct option: A. Section 195 of the Criminal Procedure Act 51 of 1977 is applicable not only to people who are married when testifying is at stake, but also to people who were married when the relevant crime was committed, even though the marriage has been dissolved in the meantime. B. If the accused is jointly charged with someone else, the spouse of such an accused will be competent and compellable to give evidence on behalf of that co-accused. C. Section 195 of the Criminal Procedure Act 51 of 1977 has, to some extent, been amended by section 68 of the Criminal Law Sexual Offences and Related Matters Amendment Act 32 of 2007. Subsection 195(1)(a) now excludes a child that is merely in the care of the wife or the husband. D. In terms of section 196 of the Criminal Procedure Act 51 of 1977, the spouse of an accused is a competent as well as a compellable witness in defence of that accused, but only when such an accused is jointly charged with someone else.