Prima Facie

Question 1

What is Prima Facie? What is the case law regarding this?

Answer 1

It means “on the face of it”
There must be elements of each proof of the offence to satisfy prima facie
May O’Sullivan

Question 2

What is the first leg of Prima Facie?

Answer 2

1st leg submission relates to a question of law
“Could” the court convict on the evidence
Only evidence favourable to the prosecution case is considered

Question 3

What is the second leg of Prima Facie?

Answer 3

2nd leg submission relates to a question of fact
“Should” the court convict on the evidence
All evidence is considered

Question 4

What is section 142 of the Evidence Act?

Answer 4

Section 142 Evidence Act - admissibility of evidence;
standard of proof = balance of probabilities

Question 5

What is section 141(1) of the Evidence Act?

Answer 5

Criminal Standard of Proof, beyond reasonable doubt

Question 6

What is section 140 of the Evidence Act?

Answer 6

Civil Standard of Proof, Balance of probabilities

Question 7

What is section 141(2) of the Evidence Act?

Answer 7

Criminal Defendant standard of proof, balance of probabilities

Question 8

Does it matter if multiple inferences are drawn from Prima Facie?

Answer 8

No, so long as 1 inference supports the elements of the offence.