EXAMINATION PACK
LAW OF EVIDENCE
LEV3701
PAST PAPER SOLUTIONS
LEV3701www.tutorialscampus.co.za +27 (71) 224 5255
(J.T 074 3505033)
1 | Page
,CONTENTS PAGE
Q: PAPER PAGE
MAY/JUNE 2019 03
OCT/NOV 2018 12
MAY/JUNE 2018 20
2 | Page
, LEV3701
MAY/JUNE 2019
SECTION 1
1. 3
2. 2
3. 1
4. 3
5. 5
6. 3
7. 2
8. 3
9. 1
10. 5
SECTION 2
2.1. Generally, the following three requirements have to be met when opinion evidence is at issue:
1. The court should be satisfied that the expert is capable of giving evidence about the specific
issue. In other words, a foundation for the expert's expertise must be established. It is therefore
very important to test her expertise by asking searching questions on her qualifications (and even
the date when they were obtained), practical experience in her field, as well as her previous track
record as an expert witness.
2. Secondly, the court must be generally informed of the reasons and grounds upon which the
opinion is based. This will enable the court to compare the expert's findings with other findings of
fact in the particular case to see whether the expert's findings are corroborated by them.
3. Thirdly, the court need not rely on the opinion of an expert witness. If, however, the evidence
is of such a technical nature that the court cannot make a reliable inference, the court must rely
fully on the evidence given by the expert.
2.2. Correct approach is to weigh up elements pointing to the guilt of the accused against the
elements that are indicative of innocence
•Must take into account inherent strengths and weaknesses and probabilities of both sides
3 | Page
LAW OF EVIDENCE
LEV3701
PAST PAPER SOLUTIONS
LEV3701www.tutorialscampus.co.za +27 (71) 224 5255
(J.T 074 3505033)
1 | Page
,CONTENTS PAGE
Q: PAPER PAGE
MAY/JUNE 2019 03
OCT/NOV 2018 12
MAY/JUNE 2018 20
2 | Page
, LEV3701
MAY/JUNE 2019
SECTION 1
1. 3
2. 2
3. 1
4. 3
5. 5
6. 3
7. 2
8. 3
9. 1
10. 5
SECTION 2
2.1. Generally, the following three requirements have to be met when opinion evidence is at issue:
1. The court should be satisfied that the expert is capable of giving evidence about the specific
issue. In other words, a foundation for the expert's expertise must be established. It is therefore
very important to test her expertise by asking searching questions on her qualifications (and even
the date when they were obtained), practical experience in her field, as well as her previous track
record as an expert witness.
2. Secondly, the court must be generally informed of the reasons and grounds upon which the
opinion is based. This will enable the court to compare the expert's findings with other findings of
fact in the particular case to see whether the expert's findings are corroborated by them.
3. Thirdly, the court need not rely on the opinion of an expert witness. If, however, the evidence
is of such a technical nature that the court cannot make a reliable inference, the court must rely
fully on the evidence given by the expert.
2.2. Correct approach is to weigh up elements pointing to the guilt of the accused against the
elements that are indicative of innocence
•Must take into account inherent strengths and weaknesses and probabilities of both sides
3 | Page
