Principles And Procedure To Admit And Exclude Evidence

Question 1

What situations does the burden of proof fall on the D ?

Answer 1

When they raise defence of insanity or duress - the standard of proof is balance of probabilities

Question 2

In what scenario can a D solicitor call for no case to answer and ask court to dismiss ?

Answer 2

If I’m beginning of case prosecution doesn’t justify a finding of guilt and show D has a case to answer

Question 3

When might a court dismiss visual identification evidence ?

Answer 3

If admission of such evidence would have an adverse effect in fairness of proceedings

Question 4

When do the turnbull guidelines apply ?

Answer 4

• When witness visually identifies D as person who committed the crime

AND

• D disputes the visual evidence

Question 5

What happens if there is an identification and it is good quality ?

Answer 5

Judge reminds jury of dangers of relying on ID evidence

Question 6

What if there is poor identification but it is supported by evidence ?

Answer 6

Turnbull warning - similar warning about ID evidence

Question 7

What if there is Poor ID and unsupported ?

Answer 7

Then judge should stop trail at end of prosecution case and direct jury to acquit the D

Question 8

Under S34 what adverse inferences can be drawn from silence ?

Answer 8

When being questioned or charged at police station - as long as written statement contains all facts they wish to rely on in trial court cannot draw adverse inferences

Question 9

Under S36 what adverse inferences can be drawn from silence ?

Answer 9

When D failed to account for presence of an object, substance or mark.

Question 10

Under S37 what adverse inferences can a court draw from silence ?

Answer 10

If D failed to account for his presence at a particular place or time the offence was committed