Unit 3 Lesson 4: Sufficiency Flashcards
Explain the term sufficiency of evidence.
To prove the guilt of an accused, there must be sufficient, admissible evidence, to prove beyond all reasonable doubt that the accused committed the crime or offence libelled.
Explain what is meant by best evidence in respect of two or more eye witnesses
Accused can be found guilty on separate testimony of two or more credible eye witnesses.
This type of eye witness evidence is the best evidence and should be led first.
When will the court accept the testimony of a single eye witness?
When:
- There is further evidence provided by either a second witness or equivalent evidence provided by the circumstances to support the testimony of the first witness (circumstantial evidence).
- It is sufficient for conviction if there are two witnesses whom the court believes, irrespective of the number of contradictory witnesses whose evidence is disbelieved.
Explain what is meant by circumstantial evidence.
Evidence afforded by facts or circumstance which have an apparent relation to the crime and from which an inference may be drawn as to the guilt, or innocence, of the accused.
Explain the elements that would provide sufficient circumstantial evidence to convict, in the absence of eye witnesses.
MAGICOP:
M - Motive
A - Ability
G - Guilty Intent
I - Identification***
C - Conduct after the Crime
O - Opportunity
P - Preparation
Which strand of circumstantial evidence must always be present?
Identification - eg. Forensic evidence, DNA, fingerprints, fibres etc
Explain the Moorov Doctrine
Evidence of separate witnesses can be corroborative if there is a sufficient similarity and connection between the incidents.
(2 or more crimes by same offender, one witness for each, similar offence)
Explain the Howden principle
If identification is available for one offence and not the other, but the circumstances are so similar then possible corroboration.
