Chapter 5 - Degrees of proof Flashcards
In a criminal proceeding the prosecution must establish…
In a criminal proceeding the prosecution must establish on all points on which in bears the legal onus beyond reasonable doubt.
A misdirection on the criminal standard of proof….
A misdirection on the criminal standard of proof is a ground of appeal.
A wholly circumstantial case must be assessed….and if there is any reasonable….
A wholly circumstantial case must be assessed as a whole and not piecemeal. If there is any reasonable hypothesis consistent with innocence the jury’s must acquit.
Circumstantial cases can either be “strands in a rope” or “links in a chain” explain
Where the evidence consists of “strands in rope” that means some circumstantial items may be rejected but remaining items may still support a conviction.
Where the evidence consists of “links in the chain” a failure in one link is a failure of the chain. Each link must be proved BRD. When summing up the the judge must clearly identify the indispensable links or link.
What is the standard of proof for facts at sentence?
Balance of probabilities s132C Evidence Act
What is the standard of proof in voir dire?
Balance of probabilities.
The standard of proof in civil proceedings….
The civil standard of proof is commonly expressed as balance of probabilities.
Explain Briginshaw v Briginshaw….
The standard of proof that applies to all civil matters is the balance of probabilities.
The principal derived from Dixon J in Briginshaw is that the court may take into account the gravity of the allegations, the nature of the case, and the consequences of an affirmative finding when assessing whether evidence meets the standard of proof (Bringinshaw; s 140(2) CEA).
This does not create a third standard of proof.
