2. Elements Of Evidence

Question 1

What is the purpose of evidence law

Answer 1

S6 Evidence Act 2006
a) providing for facts to be established by the application of logical rules

Question 2

What makes good evidence ?

(facts that prove charge)

Answer 2

The facts must prove the elements of the charge, and the evidence should be made up of facts that prove that charge

Question 3

What makes good evidence ?

(Facts in issue)

Answer 3

Facts which law need to be proven to be succeed with the case.

In criminal cases, the facts in issue are usually those which are alleged by the charging document and denial by a plea of not guilty

Question 4

What are 3 things that make good evidence ?

Answer 4

Facts that prove the charge
Facts in issue
Circumstantial evidence

Question 5

Presumption of law

Answer 5

Inferences that have been expressly drawn by law from particular facts

May be either conclusive or rebuttable

Question 6

Presumption of fact

Answer 6

Facts are those that the mind naturally and logically draws from the given facts.

Facts are simply

E.g. one presumes that a person has guilty knowledge if they have possession of recently stolen goods.

Question 7

Section 7 of Evidence Act - s7

Answer 7

Fundamental principle that relevant evidence admissible
1a. Inadmissible under this act or any other Act
1b. Excluded under this act or any other Act

Question 8

Section 8 General exclusion provision

Answer 8

General exclusion
1a. Have an unfairly prejudicial effect on the proceeding
1b. Needlessly prolong the proceeding

Question 9

Section 8 test

Answer 9

Involves balancing the probative value of evidence against the risk that is will
Have an unfairly prejudicial effect on the proceeding
Needlessly prolong the proceeding

Question 10

Hearing in chambers

Answer 10

Jury is excluded from the courtroom for the durations of the admissibility hearing.

Facts determined at a hearing in chambers are sometimes referred to as “preliminary facts” or “preliminary hearing”