PRESUMPTIONS

Question 1

Define presumption of law

Answer 1

Inferences that have been expressly drawn by law from particular facts. They may be conclusive or rebuttable. (child under 10 years is unable to be convicted)

Question 2

Define presumption of fact

Answer 2

Presumptions of facts are those that the mind naturally and logically draw from the facts given. (e.g one presumes that a person has guilty konwledge if they have possession of recently stolen goods.

Question 3

Are presumptions of law rebuttable or irrebuttable?

Answer 3

May be rebuttable or irrebuttable.

Question 4

Are presumptions of fact rebuttable or irrecbuttable?

Answer 4

Always reubuttable

Question 5

Define presumption of innocence as per R v Wanhalla… the starting point is the presumption of innocence…

Answer 5

The starting point is the presumption of innocence. You must treat the accused as innocent until the crown has proved his or her guilty. The presumption of innocence means that the accused does not have to give or call any evidence and does not have to establish his or her innocence.