Evidence

Question 1

What is burden of proof?

Answer 1

“Woolmington principle” the burden of proof lies clearly with the prosecution in relation to all elements of the offence. (Beyond reasonable doubt)

Question 2

Standard of proof?

Answer 2

Prosecution: “Beyond reasonable doubt”

Defence: “Balance of probabilities”

Question 3

Corroboration (Section 121) ?

Answer 3

Sec 121 Evidence Act governs the general approach and exceptions relating to corroboration. On some occasions one witnesses reliable evidence is enough but the court does not always use this rule and may want or need more evidence.

Treason/Perjury related offences must have corroboration evidence.

Question 4

Formal identification procedures?

Answer 4

Seven people of the same
Suspects should be advised that he or he is entitled to refuse
A written and pictorial record should be made

Question 5

Admissibility of voice identification evidence?

Answer 5

Burden of proof for prosecutions only needs to be probably reliable

Question 6

Defendants statements

Answer 6

Evidence offered by the prosecution is not admissible against a defendant if it is excluded under Sec 28 (Reliability rule), section 29 (the oppression rule), section 30 (improperly obtained evidence rule)