Criminal Law: Spouse Testimony

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Questions and Answers

What is the effect of producing an affidavit claiming that no person bearing a specific name provided information to a state officer?

It serves as definitive proof that information was not provided.

It is irrelevant in criminal proceedings.

It must be corroborated by additional evidence.

It serves as prima facie proof that information was not provided. (correct)

What is required for the judge or magistrate to impose a sentence of imprisonment on a person who refuses to provide information?

The person must have a history of non-compliance.

The investigation must be at a critical stage.

The judge must find the refusal unjustifiable.

The furnishing of such information must be deemed necessary for justice. (correct)

What must an affidavit demonstrate to be considered as prima facie proof regarding the registration of matters under a specific law?

It should state that the matter was registered if no objections were raised.

It must include a detailed account of all registered matters.

The affiant must specify that they have personally registered the matter.

The affiant must claim that they hold the legal authority or duty to register the matter. (correct)

Which section is primarily focused on the collection of information during the investigation of an offence?

Section 205 Signup and view all the answers

In the context of the document's provisions, what does 'prima facie proof' imply?

It is considered sufficient evidence unless disproven. Signup and view all the answers

What step must occur before a subpoena is issued according to the described procedure?

An affidavit must be prepared by the investigator. Signup and view all the answers

Which of the following claims would NOT render an affidavit valid under the described conditions?

The affiant denies any connection to the matter being discussed. Signup and view all the answers

What is included in a subpoena according to the established procedure?

The specific details of the examination request. Signup and view all the answers

What is required of a document for it to be accepted as proof regarding the actions connected with a registered matter?

It must allege that relevant actions were confirmed by the affiant. Signup and view all the answers

Who has the authority to authorize the issue of a subpoena?

A magistrate. Signup and view all the answers

Under what condition may a person named in a subpoena avoid appearing in person before the judge?

If they submit the requested information prior to the examination date. Signup and view all the answers

What does Section 205 allow the State to do concerning personal information?

Obtain information that is otherwise protected. Signup and view all the answers

Which of the following is NOT a requirement for an affidavit to be prepared by the police/investigator?

It must contain previous convictions of the named individuals. Signup and view all the answers

Under what condition is a spouse considered a competent witness against another spouse in criminal proceedings?

When both spouses agree to testify. Signup and view all the answers

What is the significance of the changes made by the Law of Evidence Amendment Act 45 of 1988?

It maintained the competency but not compelability of spouses as witnesses. Signup and view all the answers

In which case was it ruled that the damage to the marital relationship does not affect the immunity provided under section 195?

S v Mgcwabe 2015. Signup and view all the answers

What does section 196 specify about an accused's spouse serving as a witness?

The spouse may testify for the defense but cannot be compelled by a co-accused. Signup and view all the answers

What rule must an accused follow if they wish to give evidence during their trial?

They must give evidence on oath or by affirmation. Signup and view all the answers

How does the term 'husband' and 'wife' in the legal context change with regards to former spouses?

It includes former spouses when testifying about marriage events. Signup and view all the answers

What limitation exists on the testimony of an accused in joint criminal proceedings?

Their testimony can be used against co-accused. Signup and view all the answers

What change did the Law of Evidence Amendment Act 45 of 1988 bring regarding the option for a spouse to testify?

Spouses can only testify if the accused requests it. Signup and view all the answers

What is one primary group of facts that may be considered for admissibility?

Facts of little evidential value Signup and view all the answers

Under what circumstance may evidence proving character or motive be deemed admissible?

In cases where it raises the probability of a motive Signup and view all the answers

What does the Doctrine of Similar Facts allow for in terms of evidence?

It permits certain similar fact evidence to be admissible if it shows a modus operandi Signup and view all the answers

What is the primary consideration when assessing the admissibility of similar fact evidence?

The probative contribution versus prejudice to the accused Signup and view all the answers

Which type of fact is typically inadmissible unless it pertains to establishing a general system?

Facts that are not in dispute Signup and view all the answers

What type of evidence may be introduced to prove that an individual acted similarly in different instances?

Similar facts that showcase a pattern of behavior Signup and view all the answers

What stance does the legal framework take regarding character evidence in relation to admissibility?

Character evidence is often irrelevant but can be admissible in certain cases Signup and view all the answers

What is a key aspect of evidence that is deemed to have little evidential value?

It cannot influence the outcome of the case Signup and view all the answers

What is the role of the affidavit mentioned in the text regarding measuring instruments?

It acts as prima facie proof of compliance. Signup and view all the answers

Which statement is true about the conditions prescribed by the Minister for syringes and receptacles?

They include cleanliness and sealing methods. Signup and view all the answers

What constitutes prima facie proof according to the described conditions?

An intact seal on the syringe or receptacle. Signup and view all the answers

Under what circumstances is the syringe or receptacle deemed to be uncontaminated?

If it had an intact seal before use. Signup and view all the answers

Which of the following is NOT a requirement for the syringe or receptacle to be used in analysis?

The syringe must be new and unused. Signup and view all the answers

What does the endorsement on a syringe or receptacle verify?

Compliance with the Minister's prescribed conditions. Signup and view all the answers

What is a deponent required to do prior to using the syringe or receptacle?

Confirm the seal's intactness and endorsement. Signup and view all the answers

What evidence suffices to prove that the cleaning requirements were met before using the syringe or receptacle?

The affidavit from the deponent. Signup and view all the answers

Study Notes

Spouse as Witness in Criminal Proceedings

A spouse is now competent to testify against their spouse in criminal proceedings, but they are not compellable.
This means they can be called as a witness but cannot be forced to testify.
This applies to both the prosecution and co-accused.
A severely damaged marriage relationship does not negate this immunity.

Evidence of Accused and Spouse

An accused and their spouse can be competent witnesses for the defense at every stage of criminal proceedings.
An accused cannot be called as a witness unless they apply to do so.
A spouse cannot be compelled to testify if a co-accused calls them as a witness for the defense.
An accused can only give evidence under oath or affirmation, not an unsworn statement.
The terms "husband" and "wife" include former spouses when required to testify about events during the marriage.
Prior to 1988, a spouse could only testify for the defense upon the accused's application.

Information Gathering During Investigation

Section 205 empowers the state to obtain information during an investigation by compelling a person to furnish information under oath.
This section focuses on information gathering, not testimony in court.
This provision helps overcome the limitations of the Protection of Personal Information Act in specific situations.
The procedure involves:
- an investigator preparing an affidavit detailing the investigation, information required, and the person in possession of the information.
- the prosecutor issuing a subpoena to the person named by the investigator if the information is deemed necessary.
- the subpoena containing details about the person, crime, information requested, date, and place of examination.
- a magistrate authorizing the issue of the subpoena.
- the option for the person to provide the requested information in writing before the examination date.
- no need to present oneself if the information is provided to the satisfaction of the prosecutor.

Relevance and Admissibility of Facts

Facts that create questions about their relevance or admissibility can be categorized into four groups:
- Facts with little evidential value.
- Facts not in dispute but similar to those in dispute.
- Facts only relevant to the credibility of a witness.
- Previous consistent statements.

Common Categories of Relevance and Admissibility

Evidence about character or motive can be seen as irrelevant, but admissible in specific circumstances.
Examples:
- In cases involving gang violence, evidence of the accused's gang affiliation and the competing gang's actions can be admissible to prove motive.
- This evidence can demonstrate the accused's need to terrorize the public and establish dominance over the other gang.
Similar fact evidence is admissible when it shows a general system or modus operandi of the perpetrator, suggesting the same individual was responsible for both sets of facts.
The probative value of similar fact evidence must outweigh the prejudice to the accused.
The court considers whether the evidence only shows a tendency or has a direct link to the offense when assessing prejudice.

Prima Facie Proof and Evidence

Documents purporting to be affidavits from state officers can be prima facie proof that a person did not provide information or documents to the officer, when the question of whether the person provided such information arises in criminal proceedings.
Documents purporting to be affidavits from individuals responsible for registration under a particular law can be prima facie proof that:
- a matter was registered.
- a fact or transaction was recorded.
- an action connected to registration was taken.
Affidavits confirming the compliance of cleanliness and sealing requirements for syringes and blood receptacles intended for analysis in criminal proceedings constitute prima facie proof of such compliance.
Affidavits confirming the proper sealing and endorsement of syringes, receptacles, and holders used for blood analysis constitute prima facie proof of these conditions.

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Description

Explore the laws surrounding a spouse's competence and compellability as a witness in criminal proceedings. This quiz covers significant aspects, including the rules for both prosecution and defense, as well as the impact of marital relationships on testimony. Test your knowledge of the evolving legal principles regarding spousal testimony.