LEV3701 - EXAM PACK (Questions and Answers for ) (Download file)
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Course
LEV3701 - Law Of Evidence (LEV3701)
Institution
University Of South Africa (Unisa)
This pack contains • Exam and Assignment questions and ANSWERS • Study NOtes • Summary notes of the course material • lecturer's exam tips and examples • Helps you see what questions are likely to be asked, and how to answer them.
1) Identify the factors highlighted by the court in S v Mthethwa when
assessing the reliability of a witness’s observation (the cautionary
rule in respect of identification).
● Lighting
● Opportunity for observation as to both time and situation
● Visibility
● Eyesight
● Suggestibility
● Result of identification parade
● Accused’s voice, face, build, gait, dress
● Proximity of the witness
● Extent of prior knowledge of the accused
● Mobility of the scene
● Corroboration
2) List 5 requirements that must be met before a witness will be
allowed to refresh her memory while in the witness box. [5]
1. The witness must have personal knowledge of the events recorded.
2. The witness must have recorded the information personally.
3. The record must have been made (or checked and verified) while the
facts were still fresh in the memory of the witness.
4. The witness must be unable to recall fully a matter on which she is being
examined.
5. The document used to refresh the memory while the witness is in the
witness box must be made available to the court and the opposing legal
team so that they can inspect it.
6. Where the witness has no independent recollection of the incident, the
original document must be used.
3) Summarise the ten principles related to the cautionary rule in
respect of accomplices, as listed in S v Masuku.
1. Caution is imperative when dealing with accomplice evidence.
2. An accomplice is a witness who has a possible motive for telling lies
about an innocent accused.
3. Corroboration of the accomplice’s testimony is required.
4. The cautionary rule will only be satisfied if there is corroboration that
directly implicates the accused in the commission of the offence.
5. Such corroboration may be found in the evidence of another
accomplice, provided his evidence is reliable.
6. Where no corroboration is available, there must be some other
assurance that the evidence of the accomplice is reliable.
7. Such assurance is self-evident where the accused is a lying witness, or
where he does not testify.
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8. The risk of false incrimination is reduced where the witness is a friend
of the accused.
9. Where the above are absent, the court can only convict when fully
appreciating the danger inherent in accomplice evidence, and only if
the accomplice is an excellent witness.
10. Where corroboration of an accomplice is offered by another
accomplice, the court must also approach this corroborative evidence
with caution.
4) A notorious fact is a well-known fact. Certain notorious facts are
matters of general knowledge, which our courts have taken judicial
notice of. Mention 5 such facts. [5]
1. The fact that there are seven days in a week.
2. The fact that there is a national road network in South Africa and that
these roads are public.
3. The fact that billiards, chess, and table tennis are games of skill.
4. The fact that dangerous wild animals remain potentially dangerous even
after docile behaviour has come about as a result of semi-domesticity.
5. The fact that scab is a well-known sheep disease.
6. The fact that brand marks on cattle do not fade completely.
7. The fact that rhinoceroses are more rare than elephants.
8. The instinctive behaviour of domesticated animals.
5) Explain how it is determined whether a fact is of local notoriety
and thereafter mention 4 facts that have been considered
sufficiently well known at local level for the courts to have taken
judicial notice of.
A fact is of local notoriety is that fact is “notorious among all reasonably well
informed people in the area where the court sits”. Examples of such facts that the
courts have taken notice of are:
1. The fact that a road that passes within 50 metres of the court is a
public road.
2. The fact that Franschhoek is not a small place and that it contains a
number of streets.
3. The location of the local city hall.
4. The fact that a certain local street is particularly dangerous as far as
traffic is concerned.
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6) Discuss the competency and compellability of officers of the court
to testify [5]
It is in the interests of justice that presiding officers should remain objective with
respect to the cases over which they preside. For this reason, judges and
magistrates are considered to be incompetent witnesses with respect to these
cases over which they preside.
Where, however, a presiding officer perceives a certain fact in the court over
which he is presiding, he will be considered competent to testify on such fact in
another court.
7) Write a short note explaining how the court in S v Moti applied the
cautionary rule with respect to identification evidence. [5]
Such evidence has to be approached with care and skepticism. The court has to
answer two questions: 1. Was there a proper identification? 2. Was the evidence
reliable?
The identification would be improper if photo identification was done when the
suspect was already in custody, if the photograph was shown to the witness just
before the identification parade, or testimony in court.
The reliability of the evidence would be affected by factors such as the credibility
of the witness, the opportunity of the witness to observe the offender during the
crime, whether he had previously been shown a picture of the suspect, etc.
8) Discuss whether there are any formal requirements for the handing
in of objects such as weapons or prohibited substances such as
dagga. [5]
There are no formal requirements for the handing in of objects such as weapons
or prohibited substances such as dagga, but the handing in of such objects is
often accompanied by oral evidence (testimony).
In the first place, someone has to identify the object and place it in context – for
instance the investigating officer in a criminal case, who selects the exhibit from
among a number of exhibits intended for other cases. His testimony might run as
follows: “I found the knife in the possession of the accused, immediately after the
murder had been committed.” The court then takes it into possession, marks it,
and reference is made to it as part of the court record as “Exhibit One”.
In the second place, an expert witness is often called to explain the object, or
its operation. This in fact constitutes opinion evidence although the object
itself remains real evidence.
9) Do photographs constitute documentary evidence or real evidence?
Briefly explain. [5]
Photographs may sometimes constitute real evidence, particularly where the
physical photograph itself is central to the case, either because, for example, it
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