Progress Test Flashcards
What are the facts in issue?
The facts in issue are elements that prosecution have to prove for a charge OR elements that the defence have to prove when the burden lies with them to achieve a successful defence.
What was held in Woolmington v DPP?
It was held that the prosecution has a duty to prove the prisoner’s guilt, subject to the defence of insanity and subject to any statutory exception.
The burden of proof lies clearly with the prosecutions in relation to all of the elements of the offence.
Explain the diffence between the terms “Beyond Reasonable Doubt” and “Balance of Probabilities”?
B R D is a standard of proof required by the Prosecutions to prove its case. It means that the jurors or judge must be satisfied of guilt before convicting.
B O P is the standard of proof required of defence to prove a particular element of its case. It means it must carry a reasonable degree of probability, but not so high as is required in a criminal case. If the evidence is more than probable then the burden is discharged but if it is equal with probable then it is not discharged.
The Act aims to “help secure the just determination of proceedings - through six objectives set out in s6?
Section 6 PURPOSE
The purpose of the Act is to help secure the just determination of proceedings by:
a) providing for facts to be established through logical rules and
b) providing rules that recognize the importance of rights affirmed by the bill of rights act 1990. and
c) promote fairness to parties and witnesses and
d) protecting rights of confidentiality and any other public interests and
e) avoid unjustifiable expenses or delay and
f) enhance access to the law of evidence
What was said in R v Barlien?
The Act and admission of evidence must be interpreted in a way that promotes the purposes of principles set out in section ss6, 7, 8. Section 6 will affect the way evidence is presented.
However in R v Barlien it was said that this cannot override “explicit exclusionary wording” in the Act itself, even where such wording is thought to run counter to ss6, 7 and 8.
What makes good evidence?
- Facts that prove the charge
- Facts in Issues
- Circumstantial Evidence
