Theme 6: Evidence Flashcards
(24 cards)
What does Section 208 of the CPA state regarding single witnesses?
Section 208 allows an accused to be convicted based on the single evidence of a competent witness
How does the court evaluate identification evidence?
The court considers factors such as lighting, visibility, prior knowledge of the accused, distance, suggestibility, and corroboration (S v Mthetwa 1972 (3) SA 766 (A))
.
How is evidence from child witnesses treated?
Courts apply a cautionary approach, treating such evidence with care. If the child is a sole witness, corroboration is usually sought
What is the general rule regarding onus in criminal cases?
The state bears the onus of proving guilt beyond a reasonable doubt (Woolmington v Director of Public Prosecutions 1935 A.C. 462). The only exception is when an accused pleads mental illness
What are statutory presumptions under the Drugs and Drug Trafficking Act 140 of 1992?
These include:
Section 18: Presumption regarding samples
Section 20: Presumption of possession of drugs
Section 21: Presumption regarding dealing in drugs
: What are the legal requirements for a confession to be admissible?
It must be voluntary, not induced by threats, and made in accordance with Sections 217–220 of the CPA
Can a confession made by one accused be used against another?
No, Section 219 of the CPA states that a confession is only admissible against the person who made it
What sections of the CPA govern documentary evidence?
Sections 212, 213, 221, 233, 234, and 236 of the CPA outline rules for admissibility of documentary evidence
How does the CPA address mental incapacity of an accused?
Section 77 states that if an accused is incapable of understanding proceedings due to mental illness, the court must order an inquiry
Who carries the burden of proof when mental incapacity is pleaded?
The accused must prove mental incapacity on a balance of probabilities
When can search and seizure occur without a warrant?
Section 22 of the CPA permits searches without a warrant if obtaining one would defeat the purpose of the search
What governs entrapment under South African law?
Section 252A of the CPA allows entrapment under controlled conditions but evidence obtained must be fairly used
: Is illegally obtained evidence admissible in court?
It may be admitted if the court deems it in the interest of justice (Section 225 of the CPA)
What remedies exist for unreasonable delays in trial?
Section 342A of the CPA requires courts to investigate delays and may order a permanent stay of prosecution if prejudice is established
An accused can be convicted solely based on an accomplice’s evidence.
False. Courts must apply the cautionary rule and seek corroboration
The burden of proof always lies with the accused.
False. The state bears the burden, except when the accused pleads mental illness
Documentary evidence can be introduced without authentication.
False. Sections 212–236 of the CPA outline authentication requirements
A confession is valid even if obtained through torture.
False. The SCA ruled in S v Mthembu that evidence obtained via torture is inadmissible
Illegally obtained evidence is always inadmissible.
False. Courts have discretion under Section 225 of the CPA
: Section _____ of the CPA states that an accused may be convicted based on the testimony of a single competent witness.
208
The presumption of innocence means that the burden of proof rests on the _____.
State
A confession is only admissible against the person who made it, as per Section ____ of the CPA.
219
The legal principle governing entrapment is contained in Section ____ of the CPA.
252A
Courts assess unreasonable delays under Section ____ of the CPA.
342A
