Law of Evidence and Proof

Question 1

Eligibility and Compellability:

All people are eligible and compellable (pg 56)

Answer 1

A witness is eligible if they are lawfully able to give evidence on behalf of both prosecution and defence. A witness is compellable if they can be required to give evidence against their will for both prosecution and defence. Once a witness has entered the witness box and been sworn they are under a compellable obligation to answer all questions put to them.

As a general proposition then, all people are eligible and compellable to give evidence.

Question 2

What is meant by “Burden of Proof”

Answer 2

Whoever asserts something must prove it In a criminal case the burden of proof is on the Crown.The Prosecution must prove every essential element of the offencebeyond reasonable doubtThe Prosecutor must prove the accused is guiltyrather than the accused prove their innocence.The accused just needs to raise doubt as to their guilt

Question 3

The fundamental principle is that relevant evidence is admissible. What are exceptions?

Answer 3

All relevant evidence is admissible in a proceedingexcept evidence that is - a) INADMISSIBLE under this act or any other actOrb) EXCLUDED under this act or any other acts7 EA06