Rules of Evidence Flashcards
0
Q
Describe what witnesses are not competent to give evidence.
A
- The soverign
- A mentally disordered person
- A drunk person
- A very young child
- A person who is ill
1
Q
Explain the terms:
- Burden of Proof
- Facts in Issue
- Admissible evidence
A
- 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.
2
Q
Describe what witnesses are not compellable to give evidence.
A
- The Sovereign
- A Judge in that case
- A juror in that case
- Counsel
- The Governor General
- Bank Officer producing records
3
Q
Explain the divisions of evidence.
A
- Evidence can be divided into different headings: = Direct = Documentary = Real = Circumstancial