STUDY UNIT 4 Flashcards
R v DAYE
gives a common law definition of a document as ‘any written thing capable of being evidence’
SECTION 33 OF THE CPEA {CIVIL PROCEEDINGS EVIDENCE ACT}
extends in this definition to include books, maps, drawings, plans or photographs.
SECTION 221 OF THE CPA
states that ‘documentary evidence’ comprises of any device whereby information is stored or recorded.
TWO COMMON LAW REQUIREMENTS OF RELEVANCE
- originality
- authenticity
CATEGORIES OF DOCUMENTS
- Public documents
- Private documents
- Ancient documents
- Foreign documents
PUBLIC DOCUMENTS:
-made for administrative purposes and public use.
-exception to the hearsay rule
-original document not at trial
-true copies or extracts at trial
PRIVATE DOCUMENTS:
-are not public documents
-must comply with the hearsay rule
-uses the best evidence rule
-secondary evidence or
true copies at trial
What are ANCIENT DOCUMENTS?
are documents that are 20 years or older and have been correctly and properly archived.
What are FOREIGN DOCUMENTS?
are documents drafted and executed in a foreign country and certified in terms of high court rule 63 for use in south African courts.
THREE FORMAL COMMON LAW REQUIREMENTS OF ADMISSIBILITY:
- Relevance
- Originality
- Authenticity
In addition,
the document must be identified, discovered to the opposing party and produced for inspection.
-there are no formal rules for discovery in criminal matters.
THE BEST EVIDENCE RULE:
the best evidence rule holds that no evidence may be admitted to prove the contents of a document except for the original document.
PRIMARY EVIDENCE:
is evidence that tends to suggest that there is no better evidence available.
SECONDARY EVIDENCE:
is evidence that tends to suggest that there is better evidence available.
