LEV3701 PORTFOLIO MEMO - OCTOBER 2021 (DETAILED MEMO) SUPER SEMESTER UNISA
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LEV3701 - Law Of Evidence
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University Of South Africa (Unisa)
Section 1
At the age of 14 the 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 a friend about the incident. Nineteen years later she met one of her assailants, which revived memories of her ordeal and p...
lev3701 portfolio memo october 2021 detailed memo super semester unisa
section 1 at the age of 14 the complainant was raped by two young men at the time of the rape she did not report the matter
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University of South Africa (Unisa)
LEV3701 - Law Of Evidence
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LEV3701 PORTFOLIO
MEMO – 19 OCTOBER
2021
LAW OF EVIDENCE -
UNISA
, Section 1
At the age of 14 the 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 a friend about the incident. Nineteen years later she met one of her
assailants, which revived memories of her ordeal and prompted her to lay
charges against the men who had raped her. Answer the following questions
relating to the trial:
1.1 During argument, the defence submits that because the complainant is a
single witness, and since the case is of a sexual nature, the court cannot
give any value to her evidence. Do you agree? Fully discuss with reference
to decided cases and legislation. (12)
When it comes to a single witness, statutory provisions make it possible for a
court to convict a person based in single evidence
• If the court is satisfied that the evidence is satisfactory it may but need not
regard it as sufficient to convict
• Note a single witness may be for only one aspect of a case and numerous
single witnesses may be required to prove each aspect
• In the case of S v Webber it was decided that the evidence of a single
witness should be approached with caution but need not be rejected merely
because of bias - the bias needs to be assessed in the light of the evidence
as a whole.
In Cases of a sexual nature the cautionary rule was abolished in S v Jackson
since the cautionary rule had no factual justification. The court confirmed the
burden is on the state to prove the guilt beyond reasonable doubt
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