Chapter 5 - Degrees of proof

Question 1

What is the standard of proof in criminal and civil matters?

Answer 1

Criminal - BRD and civil balance of probabilities “more like than not”

Question 2

What is standard of proof where accused bares legal burden?

Answer 2

Balance of probabilities.

Question 3

What is the standard of proof for circumstantial
evidence in criminal proceedings?

Answer 3

Beyond reasonable doubt - Single items of evidence when view cumulatively can establish guilty BRD (strands in a cable) unless links in chain required.

Question 4

What must the judge warn the jury in criminal cases based entirely or substantially on circumstantial evidence?

Answer 4

Guilt must be the only rational inference that can be drawn from the evidence…if there is a reasonable possibility consistent with innocence must be not guilty.

Question 5

Explain the Briginshaw standard? (CTH)

Answer 5

The strength of evidence necessary to establish facts on the balance of probabilities, may depend on the nature of what is sought to be proven’ - more serious more stringent

s140 CTH