What makes good evidence

Question 1

Facts that prove the charge

Answer 1

Good evidence establishes what you are trying to prove (in light of the other
purposes in s6). The facts must prove the elements of the charge, and the
evidence should be made up of facts that prove that charge. In each case, the
actual charge and the elements of it should be borne in mind when deciding
what evidence is relevant and what evidence will help prove the guilt of the
person charged.

Question 2

Facts in issue

Answer 2

The facts in issue are the 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 a plea of not guilty.

Facts relevant to the facts in issue tend to prove or disprove a fact in issue.
If the only facts that are open to proof or disproof are facts in issue
themselves, then many cases simply could not be proven. For example, in
many cases there are no witnesses to give direct evidence of a crime (or the
facts in issue). However, physical evidence may be located during a search, or
witnesses may be found who can each supply a piece of evidence, which,
when put together like a jigsaw, provide a picture of what happened. These
are facts relevant to the facts in issue.

Question 3

Circumstantial evidence

Answer 3

Circumstantial evidence is a fact from which the judge or jury may infer the
existence of a fact in issue. As such, it offers indirect proof of a fact in issue.
As more circumstances lead to the inference, the chain of circumstantial
evidence becomes stronger, to the point where the pieces of circumstantial
evidence, viewed as a whole, are sufficient to prove guilt.