Study unit 21:

Evaluation of
evidence
 Introduction

• determine factual basis

• basic principles
• evidence must be weighed in its totality
• S v Trainor
• conspectus of all evidence
• eschew piecemeal process of reasoning
• weighed as whole
 Introduction

• probabilities and inferences must be distinguished from conjecture

or speculation
• inferences and probabilities
• Caswell v Powell Duffy
• no proper inference made
• proved facts
 Corroboration

• standard of proof satisfied

• S v Gentle
other evidence which supports the evidence of the complainant,
and which renders the evidence of the accused less probable, on
the issues in dispute.
• consistency and corroboration
• DPP v Kilbourne
 Credibility
• Hees v Nel
• quality of testimony
• consistency
• integrity and candour
• age
• capacity and opportunities to depose of events
• personal interest in outcome
• temperament and personality
• intellect
• objectivity
• ability to communicate effectively
• relevance of version
 Credibility

• demeanour of witnesses
• Cloete v Birch:
...their manner of testifying, their behaviour in the witness-box, their
character and personality, and the impression they create…
• governing principles
 Circumstantial evidence

• factual evidence from which a deduction is made

• indirect proof
• cumulative effect
• R v De Villiers
• not consider every circumstance in isolation
• evidence beyond a reasonable doubt
 Circumstantial evidence

Criminal cases
• R v Blom
• 2 cardinal rules of logic:
• consistent with proved facts;
• proved facts must exclude all other reasonable inferences
• examples
• S v Pistorius
• S v Van Breda
 Circumstantial evidence

Civil cases
• consistent with all proved facts
• not only reasonable inference
• AA Onderlinge Assuransie-Assosiasie Bpk
 Cautionary rule

• rule of practice
• potential unreliability of certain evidence
• corroborating evidentiary material necessary
• certain persons
• children
• single witness
• accomplices
 Cautionary rule
Single witness
• s 208 CPA
• S v Sauls
• no rule of thumb test
• consider and decide on truth of evidence
• S v Webber
• approached with caution
• not rejected based of interest or bias