Presumptions

Question 1

res ipsa loquitor (3 points in answer)

Answer 1

“res ipsa loquitor” - the thing speaks for itself
- if something dangerous is under the control of one of the parties, and it malfunctions and causes injury, then it speaks for itself that the occurrence of the accident gives rise to an inference of negligence on behalf of the person in charge (Anchor Products v Hedges)
- factual presumption

Question 2

presumption of continuance

Answer 2

A convenient way of describing a process of logic or reasoning involving the drawing of inferences from established facts. (R v Noonan)
- factual presumption

Question 3

what are two examples of the presumption of accuracy of scientific instruments

Answer 3

speedometers, breathalyser

Question 4

presumption of regularity

Answer 4

once a person purports to act in a public role (police officer, clergyman), unless there is evidence to the contrary, it must be presumed that they are authorised to do so (McLean v Grice).

Question 5

Two criminal law presumptions

Answer 5

innocence and sanity

Question 6

what burden of proof do you need to discharge to rebut a presumption?

Answer 6

tactical

Question 7

what is the presumption of guilt?

Answer 7

arises in the case of a person charged with stealing or dishonesty receiving property after they are found in recent possession.

Question 8

What are the common law presumptions and authorities for those presumptions

Answer 8

Regularity (McLean v Grice)
Continuance (R v Noonan)
Res Ipsa Loquitur (Anchor Products v Hedges)
presumption of guilt
accuracy of scientific instruments

Question 9

Section of the UEA to cite when referencing a case under the common law

Answer 9

s 9, EUA does not effect the operation of the common law