Evidence Summary Flashcards
What are facts in issue?
Those that 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 in which they carry the burden of proof
What was held in Woolmington v DPP?
…that the prosecution has a duty to prove the prisoners guilt, subject to the defense of insanity and subject to statutory exception.
the burden of proof lies clearly with the prosecution to all elements of the offence.
Explain the difference between “beyond a reasonable doubt” and “the balance of probablitites”
Beyond a reasonable doubt = is the standard of proof required by the prosecution to prove its case.
balance of probabilities - standard or proof required of defense to prove a particular elements of their case. Must carry a reasonable degree of probabilty.
What re the six objectives of the evidence act as set out in section 6?
- providing for facts to be established by the application of logical rules
- providing rules of evidence that recognise rights affirmed in other enactments
- promoting fairness to parties and witnesses
- protecting rights of confidentiality and public interests
- avoiding unjustifiable expense and delay
- enhancing access to the law of evidence
What are two ways in which unfairness usually arises and may result in the exclusion of evidence?
- evidence that would result in some unfair prejudice
- evidence not prejudicial but obtained in circumstances that would would make its admission against the defendant unfair
If evidence is admitted, for what purposes can it be used?
“the statute proceeds on the basis that generally speaking evidence is either admissable for all purposes or it is not admissable at all “ Hart v R
What is the propensity rule of evidence?
Propensity evidence means evidence that tends ti show a persons propensity to act in a particular way or have a particular state of mind.
Includes evidence of acts, omissions, events, or circumstances.
Does not include evidence of:
- one of the elements of the offence for which the person is being tried, or
- the cause of action in the proceeding in question
What is the definition of a hearsay statement in the evidence at?
“a statement that -
(a) was made by a person other than a witness, and
(b) is offered in evidence at the proceeding to prove the truth of its contents”
What is the definition of an “expert” under s4 of the Evidence Act 2006?
” a person who has specialised knowledge or skill, based on training, study, or experience”
When would a communication with a legal advisor be ‘privileged’?
(a) the communication must be intended to be confidential
(b) the communication must be made for purposes of obtaining or giving legal services
An associated defendant is not compellable to give evidence for or against a defendant unless what two situations apply?
(a) the associated defendant is being tried separately from the defendant, or
(b) the proceeding against the associated defendant has been determined.
What types of offences are considered by law to require corroboration?
- perjury and related offences
- treason.
What is the role of a judge in a trial by jury?
- decide all questions concerning the admissability of evidence
- determine whether there is any evidence that is fit to be submitted to the jury for its consideration
- explain and enforce the general principles of law and applying to the point of issue
- instruct the jury on the rules of law by which the evidence is to be weighed once submitted.
What is the definition of a “leading question” under s4 of the Evidence Act 2006?
A leading question is one that directly or indirectly suggests a particular answer to a question
What is the purpose of cross examination?
- to elicit information supporting the case of the party conducting the cross-examination
- to challenge the accuracy of the testimony given in evidence in chief
