Unit 3 Lesson 3: Meaning and Admissibility

Question 1

Name the essential elements required to prove the guilt of an accused.

Answer 1

CRIES

C - Crime has been committed
R - Relevant charge to the crime
I - Identification of the accused as culprit
E - Evidence competent/admissable
S - Sufficient evidence to prove the case

Question 2

What does the principle of corroboration mean?

Answer 2

That there must be two sources of evidence to establish that a crime has been committed and that the accused committed it.

Question 3

When can hearsay evidence be admissible?

Answer 3

CID

C - Caution: statements made by accused persons after they have been cautioned
I - Involuntary exclamation made by persons at the time of the relevant incident
D - Death: statement made by a witness on their deathbed (dying deposition/declaration)

Question 4

What is a credible witness?

Answer 4

“one whose evidence is held by the court to be trustworthy no matter how bad the character of the witness may be”

Question 5

What is a competent witness?

Answer 5

Someone who is cited to attend court to give evidence.

Question 6

What is the common law caution?

Answer 6

“you are not obliged to say anything but anything you do say will be noted and may be used in evidence”

Question 7

When is the common law caution administered?

Answer 7

To any person:
- prior to a search
- identified as a suspect
- who is an arrest person
- prior to any questioning by Police