Part 4 Flashcards
1
Q
4 fundamental principles of evidence law
A
Relevance
Reliability
Unfairness
Public interest
2
Q
Burden of proof
A
Whoever asserts something must prove it
In criminals case burden of proof is with prosecution
Must prove every element beyond reasonable doubt and destroy any defence raised.
3
Q
Veracity considerations
A
Any previous inconsistent statements
Bias on the part of the person
A motive on the part of the person to be untruthful
The person is convicted of 1 or more offences that indicate a propensity for dishonesty and lack of veracity
4
Q
Circumstantial evidence
A
Is a fact that by inference can prove another fact in issue