What are the facts in issue?
Are those which the prosecution must prove in order to establish the elements of the offence, or those which the defendant must prove in order to succeed with a defence in respect of which he or she carries the burden of proof.
What was held in Woolmington v DPP?
It was held that the prosecution has a duty to prove the prisoners guilt, subject to to the defence of insanity and subject to any statutory exception. The burden of proof lies clearly with the prosecution in relation to all the elements of the offence.
Explain the difference between the terms “beyond reasonable doubt” and on the “balance of probabilities”?
Beyond reasonable doubt is the standard of proof required for the prosecution to prove its case, it means that jurors must be satisfied of guilt before they can convict.
Balance of probabilities is the standard of proof required for the defence to prove a particular element of its case. It means it must carried a reasonable degree of probability, but not so high as is required in a criminal case. If the evidence is such that the tribunal can say “we think it more probable than not” the burden is discharged; of the probabilities are equal the burden is not discharged.
What are the six objectives of the Evidence Act 2006 as set out in S6?
The purpose of the act is to help secure the just determination of proceedings by:
- providing for facts to be established by the application of logical rules.
- providing rules of evidence that recognise the importance of the bill of rights act 1990.
- promoting fairness to parties and witnesses.
- protecting rights of confidentiality.
- avoiding unjustifiable expense and delay.
- enhancing access to the law of evidence.
What are the two ways in which unfairness usually arises and may result in exclusion of evidence?
- if the evidence itself would result in some unfair prejudice in the proceeding.
- evidence gained in circumstances that would make its admission against the defendant unfair, such as being obtained by improper methods.
Specific restrictions aside, if evidence is admitted, for what purposes can it use used?
Once evidence is admitted it can generally be used for all purposes. “The statute proceeds on the basis that generally speaking evidence is either admissible for all purposes or it is not admissible at all” (Hart v R).
What is propensity evidence?
Propensity evidence means evidence that tends of show a persons propensity to act in a particular way or have a particular state of mind, being evidence of acts, omissions, events which the person is alleged to have been involved. Does not include:
- acts that are the circumstances of the current trial.
- the cause of action in the proceeding in question.
What is the definition of a hearsay statement in the Evidence Act 2006?
A hearsay statement is defined in S4 as a statement:
- made by a person other than a witness.
- is offered in evidence at the proceeding to prove the truth of its contents.
Define “expert” under the Evidence Act 2006?
A person who has specialised knowledge or skill based on training, study or experience.
When would a communication with a legal adviser be “privileged’?
- The communication must be intended to be confidential.
- the communication must be made for the purposes of obtaining or giving legal services.
An associated defendant is not compellable to give evidence for or against a defendant unless two situations apply. What are these?
- the associated defendant is being tried separately from the defendant.
- the proceedings against the associated defendant has be determined.
What is the meaning of self incrimination under S4 of the Evidence Act 2006?
Self incrimination is “the provision by a person of information that could reasonable lead to, or increase the likelihood of, the prosecution of that person for a criminal offence.”
What types of offences are considered by law to require corroboration?
- perjury and related offences
- treason
What is the role of the judge in a trial by jury?
- decide questions concerning the admissibility of evidence.
- determine whether there is evidence that is fit to be submitted to the jury for its consideration.
- explain and enforce the general principles of law applying to the point at issue.
- instruct the jury of the rules of law by which the evidence is to be weighed once it has been submitted.
Define “leading question” under section 4 of the Evidence Act 2096?
A question that directly or indirectly suggests a particular answer to the question.
What is the purpose of cross examination?
The two purpose of cross examination is:
- to elicit information supporting the case of the party conducting the cross examination.
- the challenge the accuracy of the testimony given in evidence inn chief, for example by casing doubt on the witnesses veracity or by eliciting a contradictory testimony.
