Multi Choice Part 1 and 2

Question 1

Balance of probabilities

Answer 1

Where defence is required to prove a particular element such as insanitity.

Simply must show it is more probable than not.

If the probabilities are equal then the burden is not discharged.

Question 2

Admissible evidence

Answer 2

Legally able to be received by the court.

Question 3

Evidential burdon

Answer 3

Having an evidential bourdon 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 the prosecution must destroy the defence.

Because the bourdon of proof remains with the prosecution.

The ultimate question for the jury is always “has the prosecution proved its case?”