10. Preliminary evidential matters

Question 1

what are facts in issue?

Answer 1

Facts which pros bear burden of proving or disproving to establish guilt

Facts which accused bears burden of proving to succeed in their defence

Question 2

what facts can formal admissions admit?

Answer 2

any fact of which oral evidence may be given in any criminal proceedings

Question 3

general rule of admissibility of evidence?

Answer 3

all evidence which is sufficiently relevant to the facts in issue is admissible

Question 4

when can formal admissions be withdrawn?

Answer 4

only with drawn if there is cogent evidence from the accused and advisers that the admissions were made by reason of mistake or misunderstanding.

Question 5

when can relevant evidence be excluded?

Answer 5

if no reasonable jury, properly directed as to its defects, could place any weight on it

Question 6

meaning of relevance?

Answer 6

2 facts which are so related that according to common course of events one either taken by itself or in connection with other facts proves / renders probable the other.

Evidence is relevant if it is logically probative or disprobative of some matter which requires proof

Question 7

good character ev of pros witnesses?

Answer 7

May be admissible if relevant to an issue in the case but generally inadmissible to bolster witness credibility

Question 8

what is circumstantial evidence?

Answer 8

facts from which the existence or non-existence of facts in issue may be inferred.

Question 9

what directions should be given when pros rely on circumstantial evidence?

Answer 9

• examine each strand
• not to speculate or guess about matters which are not proved by evidence

Question 10

what is real evidence?

Answer 10

some material object that is relevant to an issue and is produced for jury to examine.

Question 11

what are views of evidence?

Answer 11

inspection out of court of material real evidence (if inconvenient to get into court)

Question 12

when can views take place?

Answer 12

any time up to summing up

Question 13

who should be present at a view?

Answer 13

parites, legal reps, accused

Question 14

rules when mags sit with CC judge?

Answer 14

must accept the ruling of the judge on any question of law

Question 15

tribunal rules in trial on indictment w/o jury?

Answer 15

judge decides all fact and law and have to give reasons for conviction

Question 16

questions of fact and law in summary trials are decided by?

Answer 16

lay mags, but upon Q’s of law - should seek advice from justice’s legal adviser.