Rules of Evidence

Question 1

Describe what witnesses are not competent to give evidence.

Answer 1

• The soverign
• A mentally disordered person
• A drunk person
• A very young child
• A person who is ill

Question 2

Describe what witnesses are not compellable to give evidence.

Answer 2

• The Sovereign
• A Judge in that case
• A juror in that case
• Counsel
• The Governor General
• Bank Officer producing records

Question 3

Explain the divisions of evidence.

Answer 3

- Evidence can be divided into different headings:
  = Direct
  = Documentary
  = Real 
  = Circumstancial

Question 4

Explain the terms:

• Burden of Proof
• Facts in Issue
• Admissible evidence

Answer 4

• Burden of Proof
  The responsibility of establishing the case against the defendant.
• Facts in Issue
  Are all the ingredients of the offence plus the identity of the offender must be proven
• Admissible evidence
  Evidence is admissible when the court is legally able to receive it. Evidence must be obtained and given under accepted legal requirements and rules.