Admissibility and weight of evidence

Question 1

What are the rules regulating the admissibility of evidence?

Answer 1

1. Admissible
2. Weight

Question 2

What kind of test is the test for admissibility?

Answer 2

An absolute test.

Question 3

What is the foundational rule relating to the admissibility of evidence?

Answer 3

Relevance.

Question 4

When is a piece of evidence considered relevant?

Answer 4

If it might help to prove or disprove the probable existence or non-existence of a fact in issue.

Question 5

When may logically relevant evidence be inadmissible?

Answer 5

If it is precluded by law by way of:
1. illegally obtained
2. Highly prejudicial
3. Privileged
4. Obtained in breach of the Constitution

Question 6

What are the factors that the court will take into account when determining relevance?

Answer 6

1. Issues to be proved
2. Collateral issues
3. Potential weight
4. Unreliable evidence
5. Prejudice (procedural disadvantage) versus probative value
6. Precedent
7. Completeness

Question 7

What is probative value?

Answer 7

The ability of a piece of evidence to prove something that is relevant to the case at hand.

Question 8

What is the res gestae doctrine?

Answer 8

A doctrine that allows certain statements and actions to be admissible as evidence even though they might otherwise be considered hearsay.

Question 9

What is the res gestae doctrine based on?

Answer 9

The doctrine is based on the idea that these statements or actions are so closely connected to an event that they form part of the event itself, thus making them reliable and relevant.

Question 10

What is the procedure to determine admissibility?

Answer 10

Trial within a trial.

Question 11

What is a trial within a trial?

Answer 11

A mini trial conducted to determine the admissibility of evidence within the suspension of the main trial when a party disputes the admissibility of evidence.

Question 12

What are the fundamental principles underlying the assessment of the weight of evidence?

Answer 12

1. Court must weigh all the evidence as a whole
2. Court must draw proper inferences and must avoid conjecture and speculation.

Question 13

What are the factors that guide the court when weighing the evidence?

Answer 13

1. Corrobation
2. Credibility
3. Direct or circumstantial evidence

Question 14

What is corroboration?

Answer 14

A piece of evidence is supported or confirmed by another piece of evidence from a different source

Question 15

How is credibility assessed?

Answer 15

Through factors such as demeanour etc.

Question 16

What is direct evidence?

Answer 16

Evidence given by witnesses who have made direct assertions with regard to a fact in dispute.

Question 17

What is circumstantial evidence?

Answer 17

Evidence where there are no direct assertions about a fact in dispute and requires a court to draw inferences or conclusions, and furnishes indirect proof.

Question 18

Which case sets out the rules regarding drawing of inferences from circumstantial evidence?

Answer 18

R v Blom.

Question 19

What are the two rules regarding the drawing of inferences from circumstantial evidence?

Answer 19

1. Inference sought to be drawn must be consistent with all the proved facts
2. The proved facts should be such that they exclude every reasonable inference from them save the one sought to be drawn.