Meaning And Admissibility

Question 1

List the essentials to prove guilt

Answer 1

A crime has been committed

The charge is relevant to the crime

The evidence is competent i.e. admissible

There is sufficient evidence to prove the case

The accused has been identified as the culprit

Useful mnemonic for this:

C - Crime
R - Relevant Charge
I - Identification
E - Evidence is competent
S - Sufficiency of Evidence

Question 2

Define hearsay evidence

Answer 2

Hearsay evidence is evidence at secondhand given by a person who is merely repeating something said by another person

Question 3

Define a credible witness

Answer 3

Okay to witness is one whose evidence is held by the court to be trustworthy no matter how bad the character of the witness maybe

Question 4

Give three examples of when hearsay evidence can be admissible

Answer 4

Statements made by the accused persons after they have been cautioned

In voluntary exclamation made by persons at the time of the relevant incident (e.g. He’s got a knife!)

Statement made by a witness on their deathbed (known as their dying declaration)

Question 5

Define evidence

Answer 5

Evidence includes all legal means (exclusive of mere argument) which tends to prove or disprove the truth of the subject before the court.