Extra

Question 1

Evidential burden on defence

Answer 1

The defendant may wish to put up a defence to the charge. Once basic elements are proved, it is up to defence to point to some evidence that suggests an explanation - eg self defence. Where defence is put up, there is evidential burden is on defence.

Having an evidential burden means that a defence cannot be left to the jury or judge unless it has been made a live issue by the defence.

Once made a live issue, prosecution must destroy defence, because the burden of proof remains where the case puts it - with the prosecution.

Ultimate question - has prosecution proved its case.

Question 2

Witnesses may be cross-examined as to prior inconsistent statement what statements made to include?

Answer 2

1. written witness statements

2. oral statements for example recorded on please job sheets

Question 3

What does unfair prejudice refer to?

Answer 3

Danger that a drier of fact will:

1) give evidence more weight than it deserves.
2) be misled by evidence
3) use evidence for an illegitimate purpose