Documents

Question 1

two conditions for the admission of a document into evidence and what is the section of the EA

Answer 1

s 92

1. person who made the document must be known and available
2. must relate to an undertaking and be made in the course of that undertaking

Question 2

Are documents admissible in criminal trials and if so, under what section of the evidence act?

Answer 2

s 93

document must relate to trade or business

Question 3

What is the condition of admissibility of documents produced by devices or machines and what provision of the evidence act can this be found?

Answer 3

s 95

must be supported by a certificate signed by the person responsible for the process.

Question 4

what is a book of account and which section of the act deals with the admissibility of such?

Answer 4

s 84
includes any document used in the ordinary course of any undertaking to record the financial transactions of the undertaking.

Question 5

what is necessary if adducing evidence of a contract which binds two parties

Answer 5

Best evidence rule: a copy may only be tendered in lieu of the original if it can be verified as accurate Butera v DPP. Proof of a copy will require evidence of reliability of computer system s 95