Evidence 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 complainants 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