1.5 Issues In evidence

Question 1

What does admissibility mean?

Answer 1

Whether the evidence is relevant to a fact in issue

Question 2

What does weight mean?

Answer 2

The effect of the evidence on proving or disproving the case

Question 3

What must we do when investigating an offence?

Answer 3

Gather all the information and then decide later what is evidential

Question 4

Why can admissible evidence be excluded?

Answer 4

• A trail judge must ensure a fair trial so has the discretion to exclude evidence rendered by the prosecution if in their opinion it’s prejudicial effects outweighs its proactive value.
• incompetence of a witness
• Previous convictions
• it falls under hearsay
• It is a non expert opinion
• It is privileged information
• Ig is withers as a matter of public policy

Question 5

What are the facts in issue? Who must prove them?

Answer 5

Prosecution must prove them beyond reasonable doubt

The identity of the defendant
The Actus Rea
The Men’s Rea

Question 6

What distinct categories do the facts in issue fall into?

Answer 6

The facts that the prosecution best the burden of proving or disproving in order to establish the defendants guilt

The facts which the defence need to prove to shots that the defendant is not guilty

Question 7

What is the duty of the prosecution?

Answer 7

The legal burden of proving all the elements of the offence in order to prove guilt

Including:
The defendants identity
The nature of the act
The existence of any necessary knowledge
Intent

Question 8

What is the duty of the defence?

Answer 8

The defence may have to prove-

The common law- defence of insanity
Statute responsibility- diminished responsibility

The defence may have to prove on the balance of probabilities that there was a lawful reason for the defendants actions (evidential burden)

Question 9

What’s an example of when the burden of proof falls on the defence?

Answer 9

Driving with no insurance

Selling intoxicating liquor without a licence