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Summary LEV3701 SUMMARISED NOTES 2021
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LEV3701 SUMMARISED NOTES 2021
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1/1/2021LEV3701 SUMMARISED NOTES
NOTES
,ADMISSIBILITY OF EVIDENCE SUMMARY:
ADMISSIONS
Definition of an admission:
It’s a statement or conduct, adverse to the person from whom it emanates. To be used
in a trial, the admission must be an admission of a fact in issue.
Conduct: mere conduct by a person may amount to an admission. Shmidt says that
an admission should be a communication and that admission should confirm an
unfavourable fact. Conduct which doesn’t amount to communication, but from which
an unfavourable fact can be inferred, isn’t an admission, but circumstantial evidence
e.g. the A attempts to commit suicide after he’s been charged.
A person’s silence may in circumstances amount to an admission – when someone is
being accused of being the father and he keeps quite and lowers his head (Jackobs v
Henning)
But in criminal cases the courts will be more unwilling to draw a negative inference
from conduct than in civil cases as the Constitution grants the A in criminal cases the
right to remain silent.
Adverse to the person making it
Various forms of admissions:
unintentional admissions:
,An admission need not be made in the knowledge that it is adverse to the maker. Even
a statement, which is intended to be exculpatory, will be an admission if it is ultimately
to the disadvantage to the maker.
There is an objective criterion rather than subjective:
Objective = impersonal general measure that represents the way a reasonable person
would view the matter – so if the objective approach is followed = a confession will be
a confession if the declarant thinks that all the elements of the crime have been
admitted in the statement.
Formal and informal admissions:
Formal admission- places the fact admitted beyond dispute – it can be made in the
pleadings or during the trial. Since it places the admitted fact beyond dispute, the fact
is no longer in dispute and no evidence needs to be adduced about it.
Informal admissions- doesn’t place the fact admitted beyond dispute. Such an
admission has to be proven by adducing evidence about its admission and its
evidential value will be considered at the end of the trial with all the other evidence.
Although informal admissions are usually made out of court, they can also be made in
court.
Proving a formal admission:
In civil proceedings
S15 a formal admission need not be proved in a civil matter – such an admission is
already on the record and is part of the evidential material = places the facts, which
are admitted, beyond dispute
S15 allows for the rebuttal by either of the parties of a fact
, • Withdrawal or amendment: the aim and function of the court are to do justice to
both parties and as the court would be reluctant to deny a party the opportunity to
amend its pleadings: S v Daniels – held that a court has the discretion to relieve a
party from the consequences of a formal admission made in error. A civil litigant must
establish that a bona fide mistake was made and that the amendment won’t cause
prejudice to the other side it can’t be cured by an order as to costs.
In criminal proceedings:
S220: an A or his legal advisor may in criminal proceedings admit any fact placed in
issue at such proceedings and any such admission shall be enough proof of such fact.
S112 CPA allows an A to plea guilty to the charge. After the plea of guilty the court
will normally question the A to ensure that the A is legally guilty. If he is the court may
convict and sentence the A.
If the court isn’t satisfied that the A is legally guilty, it will enter a plea of not guilty on
his behalf.
S113: an admission made by the A during questioning in terms of
S112 stands as proof of the allegation.
Unisa = says it’s a formal admission because its stands as proof of the allegation and
the fact is placed beyond dispute.
Not guilty to the charge, S115 allow the A to explain why he’s pleading not guilty –
normally this explanation will be exculpatory, but it may show the A doesn’t dispute
every allegation in the charge sheet and thus admits them.
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