Issues in Evidence

Question 1

Two Q’s need to be applied to any evidence;

• admissibility (decided by judge)
• weight

Trial judge can exclude legally admissible evidence tendered by prosecution IF prejudicial effect outweighs probative value.

Except admissions/confessions, judge C/NOT decide whether to exclude relevant admissible evidence on grounds it was obtained by unfair/improper means.

Evidence can be excluded if;

• witness is incompetent
• relates to precons/bad character of def.
• hearsay
• non expert advice
• privileged information
• withheld as a matter of public policy

Answer 1

FACTS IN ISSUE

• Identity of def.
• Actus Reus (Burden of proof on prosecution
• Mens Rea unless def needs to prove defence)

E.G.s here Burden Proof is on defence;

• Driving no insurance
• Selling intoxicating liquor w/out licence.