Standard of Proof Flashcards
What are the burdens of proof which must be discharged?
Prosecution must prove beyond reasonable doubt
Defence only need prove on the balance of probabilities
What is the R v Wanhalla direction in relation to reasonable doubt?
Reasonable doubt is “An honest and reasonable uncertainty left in your mind about the guilt of the defendant after you have given careful and impartial consideration to all of the evidence.”
What is the balance of probabilities
Must simply show that it is more probable than not, if the probabilities are equal the burden is not discharged.
What is the aim of the evidence act?
Help secure the just determination of proceedings.
What are the 6 principals of the evidence act?
S6 Evidence act
Purpose
- Providing for facts to be established by the application of logical rules and
- Providing rules of evidence that recognise the importances of rights affirmed by the NZBORA 1990
- Promoting fairness to parties and witnesses
- Protecting rights of confidentiality and other public interest
- Avoiding unjustifiable expense and delay
- Enhancing access to the law of evidence
What are the facts in issue?
Facts which in law need to be proven to succeed with the case.
In criminal cases the facts in issue are usually those which are alleged by the charging document and denied by NG Plea
Facts relevant to the facts in issue tend to prove or disprove a fact in issue if only the factors that are open to proof or disproof are facts in issue themselves, then many cases simply could not be proved.
Eg cases with no witness to give direct evidence, however physical evidence may supply a piece of evidence when put together like a jigsaw provides a picture of what happened.
What are the two exceptions to the rule when no evidence needs to be given of facts?
Judicial notice is taken
The facts are formally admitted
What is judicial notice?
When a court takes judicial notice of a fact it declares that it will find that the fact exists or will direct the jury to do so even though evidence has not been established that the fact exists.
An example of this would be where a fact is clearly established, e.g. the date of Christmas was a fact in issue. Rather than having to call an expert to swear Christmas is the 25th of december judicial notice would be taken of that date.
Explain S128 EA in relation to Judicial notice
A judge or jury may take notice of facts so known and accepted generally or in the locality in which the proceeding is being held that they cannot reasonably be questioned.
A judge may take notice of facts capable of accurate and ready determination by reference to sources whose accuracy cannot reasonably be questioned and if the proceedings involve a jury may direct the jury in relation.
explain s129 in relation to judicial notice
A judge may in matters of public history literature, science or art admit as evidence any published documents that the judge considers to be reliable information
What is a presumption in relation to evidence?
where no direct evidence is offered or obtainable disputed facts are sometimes inferred from other facts which are themselves proved or known.
In such cases the inference is called a presumption.
Presumptions may be of law or fact.
What is a Presumption of Law
Are inference that have been expressly drawn by law from particular facts
May be conclusive or rebuttable
Eg. A conclusive and rebuttable presumption would be that a child under 10 is unable to be convicted.
A rebuttable presumption would be that all defendants are innocent until proven guilty
What is a presumption of fact?
Those that the mind naturally and logically draws form the given facts
Eg. one presumes that a person has guilty knowledge if they have possession of recently stolen goods.
Presumption of facts are simply logical inferences and so always rebuttable
