2. Elements of Evidence - What makes evidence good

Question 1

What is good evidence?

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.

Question 2

What are facts in issue?

Answer 2

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.

Question 3

What is 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.