And More

Question 1

Woolmington principal - Presumption of innocence

Answer 1

This principal establishes that subject to specific secretary exceptions the burden of proof lies clearly with the prosecution in relation to all elements of the offence

Question 2

R V Wanhalla - beyond reasonable doubt

Answer 2

An honest and reasonable uncertainty left in your mind about the guilt of the defendant after you have given careful and impartial consideration to all of the evidence.

The crown must prove the accused is guilty beyond reasonable doubt

Question 3

Balance of probabilities

Answer 3

Where the defence is required to prove a particular element, such as insanity, on the balance of probabilities of my simply show that it is more probable than not

Question 4

Purpose of evidence law

Answer 4

The purpose of the act is to help secure the determination of a proceeding by

– providing facts to be established by application of logical rules

– providing rules of evidence that recognise importance of the Bill of Rights act

– promoting fairness to parties and witnesses

– protecting rights of confidentiality and other important public interest

– avoiding unjustifiable delay and expense

– enhancing access to law of evidence

Question 5

Facts in issue

Answer 5

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

Question 6

Qualifications as an expert

Answer 6

An expert as a person who has specialised knowledge or skills based on training, study or experience.

The judge must determine whether the expert witness is properly qualified testify. Opinions given by non-expert on matters calling for expertise will be in admissible

The expert as required to demonstrate to the court that they have the requisite qualification to be deemed an expert in the field in question

The expert maybe qualified through formal study and training from experience or both. Evidence offered by an expert should be within their area of expertise

Question 7

Before a summons is served the following verification must be made

Answer 7

1) whether they are allowed to give evidence
2) whether they are required to give evidence
3) whether they can refuse to give evidence
4) what type of witness they will be

Question 8

Associated defendant

Answer 8

Person whom a prosecution has been initiated for

– an offence arises in relation to the same events as did the offence for which the defendant is being prosecuted

– an offence that relates to, or is connected with, the offence of for which the defendant is being prosecuted

And associated defendant is someone against Home the prosecution has been initiated for an offence arising out of the same events as the offence for which the defendant has been tried, or relates to, or is connected with, the offence which the defendant is being tried

Question 9

Not compellable to give evidence

Answer 9

The sovereign, governor general, and sovereign or head of state of a foreign country, are not compatible to give evidence

Question 10

Types of privilege

Answer 10

– Communication with legal advisors
– solicitors trust account
– Prepatory material for proceedings
– settlement negotiations or meditation
– communications with ministers of religion
– information obtained by medical professionals and clinical psychologists

Question 11

Evidence in rebuttal

Answer 11

Evidence called by either party after the completion of their own case in order to tribute something arising during trial, can only be admitted with leave of the court. Such leave maybe given to the prosecution if the further evidence

– relates to a purely formal matter

– relates to a matter arising out of the conduct of the defence, the relevance of which would not reasonably have been foreseen (most common ground for leave to be granted)

– was not available or admissible before the prosecution case was closed

– is required to be admitted in the interest of justice

Question 12

Warning the evidence maybe unreliable

Answer 12

In a criminal proceeding with a jury, the judge must consider whether to give a warning whenever the following evidence is given

– hearsay evidence

– evidence of a statement by the defendant that if evidence is the only evidence implicating the defendant

– evidence given by witness who may have a motive to give false evidence that is prejudicial to the defendant

– evidence of the statement by the defendant to another person made while both the defendant and the other person where are present, Police Station, or other place of detention

– evidence about the conduct of the defendant if that conduct is alleged to have occurred more than 10 years previously

Question 13

Direction about evidence given by children

Answer 13

In general should be treated the same as evidence given by adults. That’s prohibited

– the judge from giving warnings about the absence of corporation we are a warning would not have been given in the case of an adult complainant

– any direction or a comment (absence expert evidence to the contrary) that there is a need to scrutinise children’s evidence with special care, that the children generally tend to invent or distort

Question 14

Address the judge

Answer 14

Your honour, sir, ma’am

Question 15

Referring to your notebook

Answer 15

– Ask the courts permission

– introduce the material properly (I interviewed the defendant and wrote the answers in my notebook at the time)

– defence and you are entitled to view your notes so seal off other entries

– only can refresh memory. Cannot read entire entry unless you have permission

Question 16

Facts that prove the charge

Answer 16

Facts must prove the element of the charge and

the evidence should be made up of facts that prove that charge

Question 17

Facts in issue - extended

Answer 17

The facts in issue are the facts which the law need to be proven to succeed with the case

Facts relevant to the facts in issue tend to prove a disprove a fact an issue