2.Elements of Evidence

Question 1

General Rule?

Answer 1

It is that all Facts In Issue and Facts Relevant to the Issue must be proven by evidence.

Question 2

Exceptions - what are they?

Answer 2

Two main exceptions to the General Rule are when no evidence needs to be given of facts because:

• Judicial Notice is taken.
• the facts are formally admitted.

Question 3

Facts formally Admitted?

Answer 3

In a trial, either parties may accept evidence that has been accepted facts from the outset. Which section 9(2) and (3) outlines that prosecution or the defendant may admit any fact and therefore dispense with proof of that fact.

Question 4

Presumptions?

Answer 4

Where there is

• no direct evidence is offered or is obtainable,
• disputed facts are sometimes inferred from other facts which are themselves proved or known.
• In such cases, the inference is called a presumption.

Presumptions may be of law or of fact.

Question 5

Presumption of Law?

Answer 5

Presumptions of law are inferences that have been expressly drawn by law from particular facts.

Presumptions of law may