Ch.16 Informal Admissions
An admission is a statement made by a party which is adverse to that partys case.
Informal admissions are usually made out of court.
o Must be distinguished from formal admissions.
Made in pleadings or in court.
Ch.17 Confessions in Criminal Trials
Confession Special type of comprehensive admission.
Statement = Confession when its maker admits, out of court, to all the elements of the
Confessions are subject to special rules of admissi
Ch.7 Similar Fact Evidence
Similar facts are facts that are directed at showing that a party to the proceedings
(usually the accused) ha behaved in circumstances presently being considered by
Example of application
Chapter 5 Relevance and Admissibility
o In terms of S210 CPA No evidence as to any fact shall be admissible if irrelevant /
immaterial and cannot conduce to prove / disprove any point of fact in issue
o S2 CPEA Similar provision
o Above statu
Chapter 2 Basic Concepts and Distinctions
Direct and Indirect Evidence
Direct Evidence When fact in issue is proved directly by such evidence (Proves
element of crime) Facta Probanda
Indirect Evidence Facta Probantia
Facta Probanda and Facta Probantia
Ch.5 Relevance and Admissibility
No evidence to any fact, matter or thing shall be admissible if,
Irrelevant or immaterial, and
If it cannot conduce to prove or disprove any point of fact at issue in criminal
Ch.19 Real Evidence
Real evidence is the term used to cover the production of material objects for
inspection by the court.
Real evidence may include any
observed by the court in order that a conclusion may be drawn as
Ch.23 The Calling of Witnesses
General rule : all evidence should be given viva voca (orally)
Witnesses: General Procedural Matters
The attendance of a witness may be secured by means of a subpoena.
A subpoena duces tecum is issued to a witness who must b
Chapter 10 - Private Privilege
o Exists where a witness is not obliged to answer questions or supply info
relevant to issue before court
o Difference between Competence and Compellability and Privilege
o Incompetent No capacity to testify
Ch.24 Refreshing the memory of a Witness
The principle of orality
Witnesses are as a rule required to give oral testimony
They are generally not permitted to rely on, or refer to, a statement, note or document
that has been previously prepared, whilst tes
o Deals with the exclusion of evidence which if admitted would prejudicially
effect the security of the state / public interest or efficient detection of crime
o Evidence excluded despite its relevance and extreme probative va
Ch.6 Character Evidence
Common law concept of character
Ito common law Character = general reputation.
This must be distinguished from a persons disposition to think or act in a particular way.
It is only evidence of general reputa
Ch.27 Judicial Notice
Nature & rationale
It is in the nature of the accusatorial process that judicial officers should play a passive role and be
aloof from the proceedings.
This serves to enhance the perception of impartiality.
Judicial officer must rec
Chapter 6 Character Evidence
o CL Character evidence refers to general reputation
o Must be distinguished from persons disposition to act in a certain way
o In practice very difficult to maintain clear distinction
o Hoffman & Zeffertt:
Ch.20 Documentary Evidence
Nature of documentary evidence
Doc evidence consists of
statements made in writing,
Which are intended to be relied on.
Three main rules to be complied with before the doc will be admissible
Statements in doc must be relevant
Chapter 4 Law of Evidence and Substantive Law
Substantive Law Provides for rights and duties
Adjective Law provides procedural mechanisms whereby those rights and duties are
Significance of the Distinction
Substantive law is based
Ch. 18 Oral Evidence
o Evidence must be given orally by the witness in the presence of the parties.
o Both criminal and civil cases.
Rationale of general rule
o Parties should have an opportunity to confront the witness who testifies
Ch.22 Competence and Compellability of Witnesses
A person whom the law allows a party to ask, but not compel, to give
A person whom the law allows a party to compel to give evidence
Concerned with whether a witness c
Chapter 1 Introduction
Evidence is material used to prove case
Right to cross examine conferred by law of evidence Problem = Substantive law
RDL and Law of Evidence English law
Functions of Evidence
To determine what facts are legally admissible to prov
Chapter 25 Impeaching the Credibility of a Witness
o Credibility of witness mainly impeached through cross-examination
o Certain circumstances evidence may be led which has no impact on facta probanda, but
effects credibility of opponents wit
Our law of evidence based on English law
Found in local statute Where silent English law prior to 30 May 1961
Local case law
Where there is no answer in SA law court will look at English law after 30/5/61 for
Chapter 18 Oral Evidence
Ito S162 of CPA and S39 of CPEA Must give evidence under oath
S164 of CPA allows for evidence to be given without taking oath in certain circumstances
Ignorance arising from youth
Persons without religious belief make
Chapter 28 Rebuttable Presumptions of Law
What are Presumptions?
o A conclusion which may be drawn in the absence of contrary evidence States
the effects of the rule as to burden of proof
o Or, a conclusion (presumed fact) which may be drawn if another fa
Ch.21 Machine-Generated Evidence
Machine-generated Evidence: Real or Documentary?
Machine generated evidence must be classified as either real evidence or documentary
This is a very important classification.
One must know what category it falls
Chapter 29 A Const. Perspective on Statutory Presumptions
Presumption of innocence right most frequently infringed
Only really applicable in criminal cases Not civil as accrues to detained, arrested and
accused persons in criminal matters
CUSTOMARY LAW JLX 211/JLXV 201
SEMESTER TEST 2
Prof E Knoetze
4 May 2016
Indicate whether the following statements are TRUE or FALSE.
Correct the statement if
Permission to occupy as
REVISION QUESTIONS FOR TEST 2
1. A witness is subpoenaed to testify in a criminal trial. Explain what needs to
occur before he is permitted to give oral evidence.
2. Explain the difference between interrogatories and evidence on commission.
3. Discuss the
For the purpose of trial a party may formally admit one or more facts
These facts then no longer need to be proved by opposition
Time and costs are saved
Distinction between formal and informal admissions
SECTION 4: EVALUATION OF EVIDENCE
Evaluation of Evidence
Ch 27 pp 167 172
Process of examining and assessing evd presented to determine:
exactly what facts proved by evd
alleged facts not supported by evd
how facts fit tog to form a complete
BURDEN OF PROOF
Distinguish between ONUS and EVIDENTIARY BURDEN.
ONUS on State to prove beyond reasonable doubt.
Refers to the obligation of a party to persuade the trier of facts by the end of the
case of the truth of certain proposition