Short Answers 1 Flashcards
What did the case Woolmington v DPP establish in relation to the presumption of innocence?
It established that in criminal law, the presumption of innocence means that it is the prosecution’s job to prove that the defendant is guilty. This principle, known as the “Woolmington Principle,” requires the prosecution to prove all the elements of the offence, unless there are specific legal exceptions.
Define a hostile witness pursuant to Section 4 of the Evidence Act 2006:
1:Someone who exhibits or appears to exhibit, a lack of veracity when giving evidence and is unfriendly towards the party that called them, especially on topics they should know about
2: Someone who gives testimony that contradicts what they said before and seems to be trying to be unhelpful to the party that called them
3: Refuses to answer questions or deliberately withholds evidence
What four fundamental principles of evidence law do the court need to consider in deciding whether evidence is admissible?
1: Relevance
2: Reliability
3: Unfairness
4: Public Interest
What is a leading question?
It is a question that directly or indirectly suggests a particular answer to the question.
What is the general rule in relation to leading questions?
The general rule is that leading questions may not be asked during examination-in-chief or re-examination.
Briefly explain what a ‘voir dire” is:
It is a hearing where a witness gives evidence to help decide if certain other evidence should be allowed in court, and this happens without the jury present.
Define ‘Witness”
A person who gives evidence and is able to be cross-examined.
Define ‘Facts in issue”
Facts in issue are those which the prosecution must prove to establish the elements of the offence, or that the defendant must prove to succeed with a defence.
Explain what is meant by ‘burden of proof’?
1: Whoever asserts something must prove it
2: In criminal cases, the burden of proof is on the crown (Prosecutor must prove the defendant is guilty whereas the defendant needs to raise doubt as to their guilt)
3: In a criminal case, the prosecution must prove every essential ingredient of the offence beyond a reasonable doubt
What does ‘propensity evidence’ mean?
It is evidence about a persons propensity to act in a particular way or have a particular state of mind, and includes evidence of acts, omissions, events or circumstances.
List four categories of ‘privilege:
1: Ministers of religion
2: Medical practitioners
3: Legal advisers
4: Informants
5: Privilege against self-incrimination
What is the definition of a “hearsay statement”?
A statement that was made by someone else other than the witness and is offered in evidence at the proceeding to prove the truth of its contents.
The veracity and propensity rule do not apply to bail or sentencing hearings except when:
1: The evidence relates directly or indirectly to the sexual experience of the complainant with any person other than the defendant.
2: The evidence relates directly or indirectly to his or her reputation in sexual matters.
What are the two types of questions that can be asked once a witness has been declared hostile?
The witness may be:
1: Asked leading questions.
2: Asked questions designed to probe the accuracy of memory and perception
In order to be admissible under section 24 EA 2006, the statement of opinion must fulfil two basic criteria:
1: Opinion must be the only way in which to effectively communicate the information to the finder of fact.
2: The witness must be stating an opinion from something they personally experienced.
Define Evidence’
It is the whole body of material which a court or tribunal, may take into account to reach their decision.
It may be in oral, written or visual form.
In a proceeding, evidence may be given in the following ways:
- The ordinary way (orally in court or reading a statement in a courtroom)
- The alternative way (behind a screen or by video link)
- Any other way provided for by the EA 2006 or any other enactment
