Unit 6 - Standard and burden of proof

Question 1

Discuss the application for discharge.

Answer 1

In terms of section 174 of the Criminal Procedure Act, at the close of the case for the prosecution at any trial, the court is of the opinion that there is no evidence that the accused committed the offence referred to in the charge or any offence of which he may be convicted on the charge, the court may return a verdict of not guilty.

Question 2

What is the test in terms of section 174 ?

Answer 2

• The first question is whether is evidence on which a reasonable man might convict.
• The second question is whether there is a reasonable possibility that the defense’s evidence might supplement the State’s case.
• If the answers to the questions posed in the test are yes, then there should be no discharge and the accused should be placed on his defense.

Question 3

What absolution from instance ?

Answer 3

According to the Claude Neon Lights case, when absolution from the instance is sought at the close of the Plaintiff’s case, the test to be applied is not whether the evidence led by the plaintiff establishes what would finally be required to be established, but whether there is evidence upon which a court, applying its mind reasonably to such evidence, could or might (not should or ought) find for the Plaintiff.

Question 4

Discuss the Murphy case.

Answer 4

• The case examines the legality of four search and seizure operations.
• First and Third Searches: Lawful searches where drugs and money were seized; evidence was deemed admissible.
• Second Search: Unlawful due to lack of a proper search warrant; the seized money was ruled inadmissible to protect the integrity of the judicial process.
• Fourth Search: Unlawful as it exceeded the search warrant’s scope, but evidence (drugs) was admissible under the “inevitable discovery” rule, as it would have been found by authorized officers anyway.

Question 5

Discuss section 14 of the Bill of Rights.

Answer 5

Everyone has the right to privacy, which includes
the right not to have:

• Their person or home searched; or
• Their property searched; or
• Their possessions seized; or
• The privacy of their communications infringed.

Question 6

Discuss section 22 of the Criminal Procedure Act.

Answer 6

• Allows for warrantless searches in limited
  circumstances where the police officer concerned had information (viewed objectively) that a crime was committed or would be committed.
• The person concerne consents; or there are reasonable grounds to believe that the search warrant will be issued and the delay in obtaining the search warrant would defeat the object of the search.

Question 7

Discuss the violation of the right to privacy.

Answer 7

• Where a constitutional right is violated by an
  unlawful search, the admissibility of the evidence so obtained is regulated by Section 35(5) of the Constitution.
• In determining whether or not the admission of the evidence would have one of these two consequences, the court has a discretion in the sense of a value judgement which must be made in light of the particular facts; fair trial principles; and considerations of public policy.