FOR2609 Assignment 2 Semester 2 2024 | Due 16 September 2024. All questions answered with references.
Question 1
In your own words provide your understanding of the term “previous consistent
statement”. (10)
Question 2
Opinion evidence can be crucial in solving the case in court. Discuss...
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Question 1
1. In your own words provide your understanding of the term “previous consistent statement”.
A "previous consistent statement" refers to a statement made by a witness that is consistent with their
current testimony and was made before any alleged motive to fabricate the testimony arose. In legal
proceedings, these statements can be used to support the credibility of the witness, especially if the
witness is being accused of altering their testimony due to some ulterior motive, such as coercion,
bribery, or bias.
To fully understand the significance of a previous consistent statement, it's essential to explore the
broader context in which these statements are used:
Purpose of Previous Consistent Statements: One of the main reasons for allowing a previous
consistent statement in court is to counter any suggestion that the witness's testimony was
fabricated or influenced by an external factor. By presenting a statement made before any
potential bias or influence could have occurred, it supports the credibility of the witness,
showing that their account has remained consistent over time.
Application in South African Law: In the South African legal system, as in many other
common law jurisdictions, previous consistent statements are generally not admissible as
evidence of the truth of their contents, except under specific circumstances. However, they may
be admissible to rebut an allegation of recent fabrication. This reflects the idea that these
statements are not introduced to prove the facts contained in them but to bolster the witness's
reliability.
Criteria for Admissibility: For a previous consistent statement to be admissible, certain
conditions must be met:
Timing: The statement must have been made before any alleged motive to lie or fabricate
arose. If it was made after the motive to lie was present, it cannot be considered consistent
in the necessary legal sense.
Relevance: The statement must directly relate to the issue of credibility and not simply be a
repetition of what the witness has said during testimony. It should specifically address
concerns raised about the witness's potential motives for dishonesty.
Content: The content of the previous consistent statement must align with the testimony
given in court. Any significant deviation between the two could undermine the
effectiveness of the statement in supporting the witness's credibility.
Role in Legal Strategy: Legal practitioners use previous consistent statements as part of their
strategy to reinforce a witness's trustworthiness. This is particularly important in cases where
the defense has raised doubts about the witness's motives, claiming that the testimony has been
tailored to suit a particular outcome. By introducing evidence that the witness has consistently
provided the same account, even before the trial, the prosecution can counter these claims.
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