Evidence 1 April Flashcards
Where the onus falls on the defence to prove a particular element, the standard of proof required is:
⦁ on the balance of probabilities
Circumstantial evidence has been defined as:
⦁ a fact that by inference can prove another fact in issue
Once the judge has granted an application to treat a witness as hostile, that witness may be:
- asked leading questions
- questions as to prior inconsistent statements
- tested on such matters as the accuracy of his/her memory and perception
What is the meaning of veracity?
⦁ A disposition to refrain from lying
The general purpose of the examination-in-chief is to:
⦁ Elicit testimony that supports the case of the party calling that witness
Corroboration of a complainant’s statement is not necessary in a criminal proceeding except for the following offence:
⦁ false oaths
A witness is eligible to give evidence if:
⦁ they are lawfully able to give evidence on behalf of both prosecution and defence
Which is not an example where judicial notice can be taken?
⦁ the date of birth of a complainant under 16
An oath and affirmation may be taken by:
⦁ any witness 12 years and over involved in a proceeding
Where an expert is called to give specialised evidence:
⦁ the expert must demonstrate to the court that he/she has the qualifications to be deemed an expert
What did the case Woolmington v DPP establish in relation to the presumption of innocence?
This principle states that, except for specific legal exceptions, the burden of proof clearly lies with the prosecution for all elements of the offence
Define a hostile witness pursuant to Section 4 of the Evidence Act 2006
Seem dishonest when giving evidence that goes against the party who called them.
Give evidence that contradicts their previous statement in a way that suggests they are being unhelpful.
Refuse to answer questions or intentionally withhold evidence.
What four fundamental principles of evidence law do the court need to consider in deciding whether evidence is admissible?
1.Public Interest
- Unfairness
- Reliability
- Relevance
What is a leading question?
a leading question as one that directly or indirectly suggests a particular answer to the question
What is the general rule in relation to leading questions?
⦁ The general rule is that leading questions may not be asked during examination-in-chief or re-examination
Briefly explain what a “voir dire” is
A hearing where evidence is given by a witness to prove the facts necessary for deciding whether some other evidence should be admitted in a proceeding.
⦁ It is conducted without a jury being present.
Define Witness
Witness: This is a person who gives evidence and is able to be cross-examined in a proceeding. This includes a person who is actively engaged in the process of giving evidence, and may also include a person who has previously given evidence in the proceeding.
Facts in issue
Facts in Issue: are those which the prosecution must prove in order to establish the elements of the offence or those which the defendant must prove in order to succeed with a defence if defence carries the burden of proof.
Explain what is meant by “burden of proof”
Whoever asserts something must prove it
In criminal cases the burden of proof is on the Crown, ie the prosecutor must prove the accused guilty rather that the accused person prove their
innocence. All that a defendant needs to do is to raise a doubt as to their guilt.
In a criminal case the prosecution must prove every essential ingredient of the offence beyond a reasonable doubt.
What does “propensity evidence” mean?
Propensity evidence is evidence about a person’s propensity to act in a particular way or have a particular state of mind, and includes evidence of acts, omissions, events or circumstances with which a person is alleged to have been involved.
