ADMISSIBILITY OF EVIDENCE NOTES:
DIFFERENT TYPES OF EVIDENCE:
ADMISSIONS: this is a statement made by a person, which is NOT in
his favor where such person admits some of the elements of the
offence = such an admission may be formal or informal.
If this statement isn’t made voluntarily it ca...
ADMISSIBILITY OF EVIDENCE NOTES:
DIFFERENT TYPES OF EVIDENCE:
ADMISSIONS: this is a statement made by a person, which is NOT in
his favor where such person admits some of the elements of the
offence = such an admission may be formal or informal.
If this statement isn’t made voluntarily it can’t be used against the A
CONFESSIONS: this is a statement adverse to the person who makes
it in which he admits all the facts in issue – i.e. all the elements of the
offence = such a statement must satisfy a number of requirements
before it can be admissible in court = the most important being that it
must have been made voluntarily.
PRIVILEGE: such evidence is of such a high value that it must be
excluded – this is done in instances of:
Attorney client relationship
Witness can’t be forced to incriminate himself on the stand.
Certain information held by the state should be excluded in the
interests of society = police docket privilege
SIMILAR FACT EVIDENCE: This is evidence, which is similar to the
facts in issue.
The facts in issue are those issue which exists between the state and
the A = the offence, time, place etc
The mere fact that a person has previously done something wrong
does not mean that she has done the same thing again = the evidence
is therefore generally inadmissible
CHARACTER EVIDENCE: this deals with a persons general
reputation and doesn’t generally have a bearing on the facts in issue
= generally inadmissible
Look at the good and bad character of the A: just because a person
has a bad reputation doesn’t in itself prove of disprove the offence
(previous conviction are inadmissible)
PREVIOUS CONSISTANT STATEMENT: This is a statement made on
a previous occasion that is used to corroborate (strengthen) evidence
presented in court.
This evidence doesn’t prove the offence and therefore is generally
inadmissible
HEARSAY EVIDENCE: The limitation on this type of evidence
requires that a witness have 1 st hand experience over the things on
which he is testifying and therefore not just repeating what he has
heard.
This is due to the fact that the court a quo looks at the credibility of a
witness when assessing the witnesses evidence = in the case of
hearsay evidence you are relying on evidence of a NON WITNESS (i.e.
the witness is just repeating what was heard and the court should be
looking at the character of the person from whom the statement
originated
OPINION EVIDENCE: Generally it’s the courts function to draw its
own conclusions based on admissible evidence presented in court –
but there are instances where the opinion of a lay person or expert
may assist the court in coming to a decision
VIOLATION OF THE BILL OF RIGHTS: If evidence is obtained din a
way that violates a persons fundamental rights may often be excluded
looking at the interests
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Evidence Admissibility Notes
GENERAL PRINCIPLES IN EVIDENCE
Evidence is a part of adjective law (HOW) – the procedure to be
followed in the court and legal transactions
Law of evidence = proof of facts by means of evidential material
Evidential material is made up of:
Evidence
• Formal admissions
• Judicial notice
• Presumptions
•
Definitions:
The law of evidence: that field of law that regulates the proof of facts
generally in a court of law
Proof: proof of a fact means that the court has received probative
material (evidential material) with regard to such fact and has
accepted such fact as being the truth for the purposes of the specific
case. Evidence of a fact is not yet proof of such fact: the court must
still decide whether or not such fact has been proved.
Evidence: consists of oral statements made in court under oath,
affirmation or warning (oral evidence), it also includes documentary
evidence and objects (real evidence) produced and received in court.
Sources of the law of evidence
Historical sources:
The substantive law of SA is drawn from the principles of Roman-
Dutch law.
The adjective law of SA is drawn from the principles of English law.
Knowledge sources:
Historical source
Case law
Legislation
Constitution
The constitution is the highest source of law in SA
The rights of arrested people:
S35 (5) of the constitution provides:
Every arrested person shall have the right:
1. To be informed, in an understandable language, that he has the
right to remain silent and the consequences of making a
statement. (S35 (a) & (b))
2. Not to be compelled to make a confession or admission, which
could be used in evidence against him. (S35 (1)(c))
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