SECTION 1
A group of tourists is visiting Cape Town and is about to board their tour bus
when they hear a loud screeching of tyres. One of them, Mr Candida, turns
towards the sound with his camera in hand, and photographs a red Ferrari that
runs a red traffic light and crashes into another vehicle, a white minibus taxi,
that was crossing the intersection. Mr Candida immediately writes down
everything that he observed. The driver of the Ferrari, Mr Speedy, is
subsequently charged with reckless and negligent driving and Mr Candida will
be the only witness in the case. Fully answer the following questions, with
reference to decided cases, applicable examples, and relevant legislation:
1.1How must the court approach Mr Candida’s evidence? (10)
Real Evidence: Refers to a physical object, or thing, which is brought before
the court so that it can view it for itself.
A photograph will constitute real evidence if the photograph itself and not
what it represents or depicts is central to the case. E.g. if there are
fingerprints on the face of the photograph or it is a famous historical
photograph that has been stolen from a museum. The photograph will
constitute documentary evidence if the content of the photograph is central
to the case. E.g. the photograph shows the damages that have been
sustained during and assault or an accident or the photograph depicts
images of a pornographic material.
A group of tourists is visiting Cape Town and is about to board their tour bus
when they hear a loud screeching of tyres. One of them, Mr Candida, turns
towards the sound with his camera in hand, and photographs a red Ferrari that
runs a red traffic light and crashes into another vehicle, a white minibus taxi,
that was crossing the intersection. Mr Candida immediately writes down
everything that he observed. The driver of the Ferrari, Mr Speedy, is
subsequently charged with reckless and negligent driving and Mr Candida will
be the only witness in the case. Fully answer the following questions, with
reference to decided cases, applicable examples, and relevant legislation:
1.1How must the court approach Mr Candida’s evidence? (10)
Real Evidence: Refers to a physical object, or thing, which is brought before
the court so that it can view it for itself.
A photograph will constitute real evidence if the photograph itself and not
what it represents or depicts is central to the case. E.g. if there are
fingerprints on the face of the photograph or it is a famous historical
photograph that has been stolen from a museum. The photograph will
constitute documentary evidence if the content of the photograph is central
to the case. E.g. the photograph shows the damages that have been
sustained during and assault or an accident or the photograph depicts
images of a pornographic material.
