Law > Study Notes > Law of Evidence EXAM PACK updated 2-1 LAW OF EVIDENCE Class Notes (University of South Africa) (All)

Law of Evidence EXAM PACK updated 2-1 LAW OF EVIDENCE Class Notes (University of South Africa)

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Proof Evidence 2.2 Arrested person Accused person 2.3 competence of co-accused as a prosecutor witnesss 1. The exception applies to cases of a sexual nature if there has been some degree of assault in... volved 2. The complaint must have been made at the first reasonable opportunity. What this reasonable opportunity would be depends on the circumstances of S V T Mother threatened to hit her if she did not disclose who sexually assaulted her. Court disallowed evidence 3.1 Data message and ECT • Admissibility-affidavit must have • Weight – court attache weight as considers fit • S14 – original form o S16- retention of information in data form Where law require data to be retained in data message o S17 production of document/information – data message 3.2 admissibility of confession and pointings out Case law: S v Khan - the requirements for admissibility in terms of section 217 are aimed at ensuring fairness. They are there to ensure reliable confessions, to protect the Definition a confession is an admission of all the facts in issue. All the elements of a specific crime are therefore admitted 3 requirements in terms of S217(1): for the admissibility of all confessions (including to peace officer (1) What is the meaning of ‘‘freely and voluntarily’’ as used in section 217? (2) What is the meaning of the requirement that the person must have been ‘‘in his sound and sober senses’’? (2) (3) What does ‘‘without having been unduly influenced thereto’’ basically mean? (3) 4.1 the Court should have regard to the following factors: 1 The nature of the proceedings 2 The nature of the evidence 3 The purpose for which the evidence is tendered 4 The probative value of the evidence 5 The reason why the evidence is not given by the person upon whose credibility its probative value depends 6. Prejudice to opponents 7. Any other factor which should, in the opinion of the court, be taken into account In McDonald’s Corporation v Joburgers Drive-Inn Restaurant (Pty) Ltd 1997 (1) SA 1 (A) it was held that such discretion to admit evidence in terms of Section 3(1)(c) 4.2 Definition: Circulstantial evidence provide only indirect evidence and inferences then have to be drawn about the prohibited act. If inferences are to be drawn from circumstantial evidence in a criminal case, two cardinal rules of logic apply: 4.4 Real evidence • Derived from Latin word res • Meaning thing • Refers to physical object /thing [Show More]

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