Prosecutions Flashcards
What are the two tests for prosecution
Evidential test
Public interest test
Hierarchy of courts
Supreme Court
Court of appeal
High court
District court (family court, judge alone trails, jury trials, youth court)
Types of evidence
Hearsay evidence
Opinion evidence
Propensity evidence
What is hearsay evidence
1 Oral or written statement of a person who is not produced as a witness in court
2 the statement is given to the court by another person or in a document
3 purpose of the evidence is to prove the truth of what’s been stated
What is opinion evidence
Expert/non expert
Opinion evidence is generally inadmissible as evidence
Witness is called to state the facts
His or her personal opinion
Up to the judge or jury to form their own judgement
What is propensity evidence
Evidence that tends ti show a persons tendency to act a particular way or to have a particular state of mind