1. Definitions, Law of Evidence, and Standard of Proof

Question 1

What is the definition of evidence?

Answer 1

the whole body of material which a court or tribunal may take into account in reaching their decision. May be in oral, written, or visual form.

Question 2

What is the definition for admissable evidence?

Answer 2

evidence that is legally able to be received by a court.

Question 3

What is the definition of relevance/relevant evidence?

Answer 3

evidence that has a tendency to prove or disprove anything that is of consequence to the determination of a proceeding.

Question 4

What is the definition of facts in issue?

Answer 4

those facts which the prosecution must prove to establish the elements of the offence, or the defendant must prove to succeed with a defence where they carry the burden of proof.

Question 5

What is the definition of exclusionary rules?

Answer 5

rules that exclude evidence (usually because it is unreliable, unduly prejudicial or otherwise unfair to admit it).

Question 6

What is the definition of weight of evidence?

Answer 6

The evidences value in relation to the facts in issue. The “weight” is the degree of probative force that can be accorded to the evidence.

Question 7

What are some factors included in the weight of evidence?

Answer 7

• The extent to which it is directly relevant or conclusive of those facts
• The extent to which it is supported or contradicted by other evidence produced
• The veracity of the witness

Question 8

What is the definition of incriminate?

Answer 8

to provide information that is reasonable likely to lead to, or increase the likelihood of, the prosecution of a person for a criminal offence.

Question 9

What is the definition of proceeding?

Answer 9

a proceeding conducted by a court, and any application to a court connected with a proceeding.

Question 10

What is the definition of statement?

Answer 10

a spoken or written assertion by a person or non-verbal conduct of a person intended as an assertion of any matter

Question 11

What is the definition of direct evidence?

Answer 11

any evidence given by a witness as to a fact in issue that they have seen, heard or otherwise experienced.

Question 12

What is the Woolmington principle?

Answer 12

a fundamental principle in criminal law that there is a presumption of innocence.

It establishes that, subject to specific statutory exceptions, the burden of proof lies clearly with the prosecution in relation to all the elements of the offence.

Question 13

What is the practical obligation on the defence?

Answer 13

the defendant does not have to prove anything; however, it is a practical obligation to point to some evidence that suggests a reasonable doubt about conclusions one would otherwise draw from the prosecutions case.

Question 14

What are exceptions to the Woolmington principle?

Answer 14

• Where the legal burden of proof is placed on the defendant e.g. defence of insanity.
• specific statutory exceptions exist
• the offence is a public welfare regulatory offence

Question 15

What is meant by discharging burden of proof?

Answer 15

where the legal burden is on the prosecution it must be discharged “beyond reasonable doubt”.

Any element which the defence bears the burden of proving need only be proved on the “balance of probabilities”.

Question 16

What is meant by beyond reasonable doubt?

Answer 16

A reasonable doubt is an honest and reasonable uncertainty left in your mind about the guilt of the accused after giving careful and impartial consideration to all the evidence.

Question 17

What is meant by balance of probabilities?

Answer 17

where the defence is required to prove a particular element it must simply show that it is more probable than not. If the probabilities are equal, the burden is not discharged.

Question 18

In what ways may evidence be given?

Answer 18

• the ordinary way ie. orally in court or an affidavit filed in court
• an alternative way eg video link
• any other way provided for by the Evidence Act 2006 or any other enactment