Categorization And Admissibility Of Evidence Essay
The legal issues in this question are the categorization and admissibility of evidence consisting of satellite photographs received via digital signal. A separate discussion of each issue will ensue. The categorisation of photographs into a specific category of evidence, though controversial and contested, remains pertinent to establish the requirements for the admissibility thereof in trials. Photographs may be categorised as a sub-category of real evidence. Real evidence, supplemented by oral testimony and/or expert testimony specifying its recognition and importance in context, is an object, a thing that itself constitutes evidence. Photographs may constitute real evidence for mistaken impairments, physical injuries, where fingerprints on a tangible photograph prove relevant to a trial or the photograph itself is a pilfered item. Section 232 of the Criminal Procedure Act 51 of 1977 (hereinafter referred to as the CPA) permits photographic evidence. Similarly, documentary evidence may encompass photographs. Seccombe provides that documentary evidence is written and graphic materials, thus tacitly incorporating photographs. Section 33 of the Civil Proceedings Evidence Act 25 of 1965 (hereinafter referred to as the CPEA) includes photographs in its explanation of documents. Section 221 of the CPA, which describes a …show more content…
The court in Ndiki re-asserted that evidence stemming from computers be categorised as documentary or real evidence. Specifically evidence stemming from a computer which required involvement of a person was documentary while that without any human endevour was real. Hearsay too plays a role in this categorisation. Thus the separate categorisation of this type of evidence has not been judicially
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1230 Words | 5 PagesThe reliability and admissibility of evidence becomes a foundation to this truth as any evidence presented cannot contain elements which can provide doubt towards the validity of the prosecution. This can be shown through guideline 14 of the Office of the Director of Public Prosecutions agreement to provide advice for the NSW police towards the legal limitations or consequences of evidence obtained during the course of an investigation (Office of the Director of Public Prosecutions n.d). Identification evidence in particular has a lower weight and strength for admission to a court due to the fallibility and circumstantial nature of witnesses. The admissibility of identification evidence was previously determined by judges based on its quality with case law such as R v. Christie providing principles for discretionary powers for admissibility and Alexander v. R providing methods satisfactory to the court for identification such as identification parades under common law. (R v. Christie 1914; Alexander v. R 1981).
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Persuasive Essay On The Fourth Amendment
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