Chapter 8: Selected Issues in the Law Evidence

Question 1

Burden of Proof

Answer 1

Presumption of innocence - lies clearly with the prosecution in relation to all elements of the offence
- the defendant is not require to put forward any sort of case

Question 2

Standard of Proof

Answer 2

• Beyond Reasonable doubt - high standard.
• Balance of Probabilities - the defence is required to prove particular elements eg insanity.
• Corroboration - is evidence that supported by other evidence.

Question 3

Identification evidence

Answer 3

Usually takes the form of a witness. Both visual and vocal (probably reliable).

Question 4

Section 45: Admissibility of visual ID evidence

Answer 4

Formal procedure - observed, Statement etc - completed during the investigation/soon after arrest
Good reason - Refusal of lineup, Single appearance, change of appearance, no issue that ID will be an issue

Question 5

Defendant Statements

Answer 5

Evidence offered by the prosecution of a statement made by the defendant is not admissible against a co-defendant.

• The reliability rule
• The oppression rule
• The improperly obtained evidence rule

Question 6

The Reliability Rule

Answer 6

judge is satisfied that the statement is reliably is not effected

Question 7

The oppression rule

Answer 7

if the statement is unfairly prejudicial

Question 8

Improperly obtained evidence

Answer 8

unfairly - any rights breached, nature and quality