Sufficiency Flashcards
What is best evidence?
Two or more eye witnesses. An accused can be proved guilty on testimony of separate witnesses.
What is sufficiency of evidence?
Sufficient admissible evidence to prove beyond all reasonable doubt that the accused committed the crime or offence libelled.
What must back up one eye witness?
Circumstantial evidence- corroborating facts and circumstances that have an apparent relation to the crime, which allow an inference to be drawn as to the guilt of the accused
What are the elements of circumstantial evidence?
Motive to commit crime Ability to commit crime Guilty intent Identification Conduct after crime Opportunity Preparation
What is a production?
Any liquid, animal, document, article or any other thing which is alleged to have a connection with a crime, offence or incident under review.
What power do you have to seize productions without a warrant?
Common law power.
What is the moorov doctrine?
Can be applied to cases where one offender commits 2 or more crimes, and there is one eye witness for each case. The witnesses corroborate each other.
What is the Howden principle?
Can be applied when 1 offender commits 2 or more crimes and identification of the suspect has been identified either by one witness or forensics in one of the cases. The MO of the crimes is so similar it indicates the same offender.