LEV3701 Mcq Exam and ans exam prep

LEV 3701 EXAM 2019 May/June Question 1 (a) During a domestic violence dispute, a husband points a gun at his wife and speaks about 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 (b) The rules regarding corroboration are derived from Roman-Dutch Law, and the present legal position in South Africa is that corroboration is required by statute in only one case (c) When a party is required to corroborate specific evidence, it means that he or she will carry a larger evidentiary burden than usual (d) Documentary evidence may serve as corroborative evidence (3) Only statements (a), (c) and (d) are correct) Question 2 (a) The definition of a residuary section is therefore a section in a South African statute which incorporates a part of foreign law into our law, and thereby preserves something of the foreign law (b) Section 252 of the Criminal Procedure Act 51 of 1977, which deals with the general admissibility of evidence, is an example of a residuary section (c) In a civil trial, the defendant is the party who must first present evidence when the case starts (d) In civil proceedings the spouse of a party is both a competent and compellable witness for and against the party concerned, although the rules regarding privilege may prevent a spouse from mentioning certain facts while giving evidence (2) Only statements (a), (b) and (d) are correct Question 3 (a) 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 (b) The court in Hollington v Hewthorn [1943] 2 All ER 35 decided that the finding on an issue in a civil trial cannot serve as proof of that issue in an ensuing criminal trial, since the onus of proof in criminal matters is higher than in civil matters (c) If all the parties to an issue agree to the admission of hearsay evidence, that evidence will no longer be hearsay and consequently becomes admissible (d) If a confession is made to a justice of the peace, it has to be confirmed and reduced in writing in the presence of a magistrate (1) Only statement (a) is correct Question 4 (a) Photographs may sometimes constitute real evidence, particularly when the photograph is used to represent some situation and that situation is the subject matter of the particular court case (b) The word “document” is a very wide term and includes pictures and photographs (c) Section 212 of the Criminal Procedure Act 51 of 1977 provides for evidence to be presented in a written form, eg an affidavit or certificate. Such evidence is considered to be documentary evidence and the normal requirements for the admissibility of documentary evidence are applicable to such evidence (d) A document may be admitted temporarily, pending a finding as to its authenticity (3) Only statements (b) and (d) are correct Question 5 (a) 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 (b) According to S v Dlamini 1999 (2) SACR 51 (CC), any evidence given by an accused during a bail hearing can never be used against him in the main trial (c) Legal professional privilege falls away if a statement can prove the innocence of an accused (d) Martial privilege belongs to the party who made a specific communication (5) None of the statements is correct Question 6 (a) When evidence about someone’s character is important for purposes of the law of evidence, the common law states that only evidence of the true nature of such a person may be presented (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 gives evidence against any other person charged with the same offence or an offence in respect of the same facts (c) A third party’s statement which is presented as an admission in a civil case must be treated as hearsay evidence (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 peace (3) Only statements (b) and (c) are correct Question 7 Mr C testifies in court about the theft of his car. During cross-examination the defence alleges that he is lying. The prosecutor accordingly calls Mr W to come and testify that Mr C had earlier told him the same thing. Mr W’s evidence is