Real Evidence Flashcards
Def of real evidence+ case law
❖ S v M
➢ Real evidence is an object, which upon proper identification becomes of itself, evidence.
Elaborate on S v M
❖ The party wishing to produce real evidence for inspection must usually call a witness to identify it, unless the other party gives a formal admission.
❖ If such real evidence is relevant and there are no exclusionary rules applicable, it will be received as an exhibit.
What is an Inspection in loco?
➢ It is where real evidence of what is inspected on sight is furnished.
➢ The court adjourns in order to accompany the parties in an inspection of the scene of an accident or crime while witnesses are sometimes asked to point out specific places.
Rules of inspection in loco
➢ It is open to the court to hold an inspection in loco to observe the scene of an incident or the nature of an object which cannot be produced in court.
The decision to hold inspection in loco
➢ The decision to hold an inspection in loco is solely within the discretion of the court. Furthermore, the court of appeal will
be slow to rule that the trial court was wrong in refusing to hold such an inspection.
The law regulating inspection in loco
➢ Criminal Cases
▪ The power to hold inspections in loco is conferred on a court by Section 169 of the CPA.
➢ Civil Cases
▪ The power to hold inspections in loco is conferred on a court in criminal cases by rules 30(1)(d) and rule 39(16)(d) of the Uniform Rules of Court.
The Purpose of an Inspection in loco +case law
➢ Cindi Family
▪ An inspection in loco may have multiple purposes:
* (1) The observation of the characteristics of real evidence that cannot otherwise be presented in court.
* (2) To enable the court to more accurately interpret testimony given by witnesses.
* (3) To eliminate points in dispute.
* (4) To narrow the issues to be determined by the court.
▪ Most of the objectives will only be met if the inspection in loco is held prior to the leading of oral testimony in court.
The rules of inspection in loco
1) Observations made by the court should be recorded and the parties should be able to make submissions on them, to correct them where these observations appear to be incorrect.
2) The inspection should be held in the presence of both parties.
3) If witnesses pointed out items and places during the inspection, they should be subsequently called or recalled to give evidence on what was indicated at the inspection.
4) It is irregular for the inspection to take place with only one party and his witnesses present.
Evidentiary Nature of Statements
➢ In the Cindi case, the judge considered the evidentiary nature of a statement made during the course of an inspection in loco.
➢ Noting that it did not constitute testimony and was not made under oath, the court held that such a statement would have no weight until testified to at trial.
➢ However, the statement whether testified to or not constituted material that could be put to the maker in cross-examination.
➢ Furthermore, where a statement constitutes an agreement made at an inspection in loco, this is the equivalent of a binding admission.
➢ The court concluded that essentially such statements have some probative value and can be used by the court in making a determination.
