Prima Facie & Proofs Flashcards
At the close of the prosecution case, What are the Four options for defence?
First leg
Second leg
Prasad
Defence to call evidence.
Where is the first leg set out?
May v O’Sullivan (1955) HCA
What is the first leg also known as?
No case to answer
What is the first leg concerned with?
Possibility of conviction, not probability. COULD be convicted not SHOULD.
What must be present to prove the offence under the first leg?
Some evidence for each element.
What will happen if there is not evidence to support each r element on first leg?
the charge will fail
What evidence is considered in the first leg?
Only the evidence that supports the prosecution case, and to it’s highest degree.
What does Bruce Towers case sate?
Court only to consider evidence that, if uncontradicted and believed, could be accepted as proof by the jury.
Bruce Towers states court must accept prosecution case at what?
It’s highest.
What does Prima Facie mean?
At first sight, or on the face of it.
How is prima facie established?
Evidence to support each proof of the offence.
Is determining if Prima Facie is met a matter of Law or Fact?
Law
Where is the second leg laid out?
May v O’Sullivan
What can the defence do if the first leg is unsuccesful?
Call evidence, make a second leg or make a prasad.
What is the second leg concerned with?
PROBABILITY of defendant being convicted, not POSSIBILITY. SHOULD defendant be convicted.
Is the second leg a question of Law or Fact?
Fact
What is the second leg also known as?
“Close of case’ submission
Can defence call evidence after making this submission?
no
What’s a Prasad direction?
An invitation to find the accused not guilty prior to hearing the defence case.
Why give a Prasad direction?
Verdict of guilty UNSAFE or UNSATISFACTORY, MANIFESTLYUNRELIABLE, no reasonable jury could safely act on it.
Can the Prasad be given at a local level now?
No application at local court, as of DPP Reference No 1.
What is there a distinction between with a Prasad?
Existence of evidence and reliability of evidence
Does the onus of proof of bebyond reasonable doubt ever shift from prosecution?
No
What’s Woolmingtons case?
“The Golden Thread”. The duty of the prosecution to prove the prisoners guilt.
S140 Evidence Act?
Civil Proceedings - Balance of probabilities
S141 (1) Evidence ACt?
Criminal Proceeding - Prosecution case - Beyond Reasonable Doubt
S 141 (2) Evidence Act
Crim Proceedings - Def case - Balance of probabilities
S142 Evidence Act?
On an objection, whether or not the evidence should be allowed or not is decided on the balance of probabilities.
Two types of presumptions?
Rebuttable and irrebuttable.
Is Doli Incapax rebuttable?
if the child is 10-14 years
Must know it was wrong, not merely naughty
Irrebuttable presumption?
DOli incapax if child is under 10
