X is arrested and charged with the murder of his wife. The victim was found dead in
her bath. The investigating officer, a captain in the SAPS, tells X that the police are
also investigating other murder cases against him and that he would possibly not be
charged with the other murders if he confesses to the current charge against him. X,
therefore confesses to the murder and also proceeds to point out a pair of gloves
hidden away in his garage. This pair of gloves was allegedly used in the process of
drowning the victim and has some of her hair attached to them. Consider the
following statements and choose the correct option:
Because the pointing out was voluntarily made, it will be admissible evidence in terms of
section 218(2) of the Criminal Procedure Act 51 of 1977.
Because the pointing out was voluntarily made, it will be admissible evidence in terms of
section 218(1) of the Criminal Procedure Act 51 of 1977.
X's statement to the captain is an inadmissible confession.
Because the confession was made to a captain in the SAPS, it will be admissible
evidence.
The investigating officer takes A, the suspect in a murder case, to a place in the bush
where A points out a pistol. “This is the pistol”, he declares. Ballistic tests confirm
that the pistol was used to kill the deceased. A’s behaviour (not his statement) is …
a formal admission.
a confession.
hearsay evidence.
an informal admission by conduct.
Consider the following statements about the evidence of an accomplice and choose
the correct option:
A cautious approach is required only when the accomplice implicates the accused in the
commission of the crime.
The risk of false incrimination is not reduced if the accomplice is a friend of the accused.
Caution is always essential when dealing with the evidence of an accomplice.
Corroboration by means of the evidence of another accomplice is not acceptable.
Consider the following statements regarding marital privilege and choose the correct
option:
, Because of the constitutional right to privacy, a third party that overhears a conversation
between two spouses can be prevented from testifying about it in a court of law.
Marital privilege belongs to the party who receives a specific communication.
Marital privilege belongs to the party who makes a specific communication.
During a domestic violence dispute, a husband points a gun at his wife and verbalises
his intention to kill her and the children. In a following criminal case, the wife can be forced to
testify about the pointing of the gun and about what her husband said to her during the
dispute.
Consider the following statements about admissions and confessions and choose the
correct option
A statement that is meant to be exculpatory can be an admission if, in the end, it is to
the detriment of the maker thereof.
According to S v Grove-Mitchell 1975 (3) SA 417 (A) the following statement is a
confession: “I shot her full of holes, I emptied the gun on her”.
By definition, confessions are also found in civil matters.
Informal admissions are termed as such because they are always made outside of court
before a trail commences.
Consider the following statements about documentary evidence and choose the
correct option:
If the content of a document must be proved, secondary evidence will sometimes be
accepted, but such evidence must always be in writing.
An historical photo is stolen from a museum. In a subsequent theft case, such document
will be classified as documentary evidence.
Evidence that aims to prove the content of a document can be classified as hearsay
evidence.
When the subject matter of a cinematographic film is at issue in court, it should be dealt
with as documentary evidence.
A shoots and kills his wife’s lover in his wife’s presence and is subsequently charged
with murder. A's wife is a witness. A's wife is ...
both an identifying witness and a single witness.
incompetent to testify on behalf of the state.
, only an identifying witness.
only a single witness.
Mr Whiskey is requested to stop at a roadblock after the annual office party. A
breathalyser test confirms that his blood-alcohol content is well above the legal limit.
A blood sample is taken against his will and sent for analysis. A certificate from the
police forensic laboratory later confirms the breathalyser result. Consider the
following statements and choose the correct option:
The police are not allowed to take a blood sample against the will of a suspect.
The blood sample is an example of evidence of uncertain classification.
The certificate from the laboratory is an example of documentary evidence.
The blood sample is an example of expert evidence.
An otherwise inadmissible confession might become admissible if …
an accused gives evidence about a statement which is to his disadvantage and which
forms part of the inadmissible confession.
an accused gives evidence about a statement which is to his advantage and which does
not form part of the inadmissible confession.
an accused gives evidence about a statement which is to his advantage and which
forms part of the inadmissible confession.
an accused gives evidence about a statement which is to his disadvantage and which
does not form part of the inadmissible confession.
Formal and informal admissions in criminal cases are different in that ....
someone needs to testify about an informal admission, but no oral evidence is needed
for a formal admission to become part of the evidence.
formal admissions must be made during some formal proceeding, but informal
admissions can only be made outside of court before the trial commences.
formal admissions place the fact admitted beyond dispute, but informal admissions do
not.
formal admissions can only be made by the legal representative of the accused,
whereas an informal admission can only be made by the accused.
Consider the following statements about admissions and choose the correct option:
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