ASSIGNMENT NO.1.pdf - LAW OF EVIDENCE ADMISSIBILITY OF EVIDENCE EVI3701 ASSIGNMENT NO 01 592415 UNIQUE NUMBER NAME TEBOGO LORRAINE MOGAKANE 44248520

ASSIGNMENT NO.1.pdf - LAW OF EVIDENCE ADMISSIBILITY OF...

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1 LAW OF EVIDENCE: ADMISSIBILITY OF EVIDENCE EVI3701 ASSIGNMENT NO. 01 UNIQUE NUMBER: 592415 NAME: TEBOGO LORRAINE MOGAKANE STUDENT NUMBER: 44248520 DUE DATE: 10 MARCH 2017 (1) The suspect’s statement is a confession made to a peace officer; a confession is an admission of all the facts in issue (or all the elements of a specific crime). A confession can be described as a plea of guilty and does not therefore contain any exculpatory part. In R v Becker it was stated that a confession is an unequivocal acknowledgement of guilt. It is the equivalent of a plea of guilty in a court of law. The court also stated that it is a statement which is consistent only with the guilt of the accused, which cannot be explained in any other way. The court in S v Yende held that in order to decide whether a statement amounts to a confession, the statement must be considered as a whole. One should take cognizance of what actually appears in the statement and what is necessarily implied from it. Note that, if the content of the statement does not expressly admit all the elements of the offence, or excludes all the grounds of defence, but does so by necessary implication, then the statement amounts to a confession. If there is doubt in respect of the above, then the statement is not a confession, as it does not contain a clear admission of guilt. The court also held that an objective, rather than a subjective approach was suitable, since one is concerned with the facts which the accused states rather than the intention behind it. If the facts which the accused admits amount to a clear admission of guilt, then it is a confession, and it does not matter that in making the statement he acted in an exculpatory manner, that is, he did not intend it as a confession. The
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