Prima Facie & Proofs

Question 1

At the close of the prosecution case, What are the Four options for defence?

Answer 1

First leg
Second leg
Prasad
Defence to call evidence.

Question 2

Where is the first leg set out?

Answer 2

May v O’Sullivan (1955) HCA

Question 3

What is the first leg also known as?

Answer 3

No case to answer

Question 4

What is the first leg concerned with?

Answer 4

Possibility of conviction, not probability. COULD be convicted not SHOULD.

Question 5

What must be present to prove the offence under the first leg?

Answer 5

Some evidence for each element.

Question 6

What will happen if there is not evidence to support each r element on first leg?

Answer 6

the charge will fail

Question 7

What evidence is considered in the first leg?

Answer 7

Only the evidence that supports the prosecution case, and to it’s highest degree.

Question 8

What does Bruce Towers case sate?

Answer 8

Court only to consider evidence that, if uncontradicted and believed, could be accepted as proof by the jury.

Question 9

Bruce Towers states court must accept prosecution case at what?

Answer 9

It’s highest.

Question 10

What does Prima Facie mean?

Answer 10

At first sight, or on the face of it.

Question 11

How is prima facie established?

Answer 11

Evidence to support each proof of the offence.

Question 12

Is determining if Prima Facie is met a matter of Law or Fact?

Answer 12

Law

Question 13

Where is the second leg laid out?

Answer 13

May v O’Sullivan

Question 14

What can the defence do if the first leg is unsuccesful?

Answer 14

Call evidence, make a second leg or make a prasad.

Question 15

What is the second leg concerned with?

Answer 15

PROBABILITY of defendant being convicted, not POSSIBILITY. SHOULD defendant be convicted.

Question 16

Is the second leg a question of Law or Fact?

Answer 16

Fact

Question 17

What is the second leg also known as?

Answer 17

“Close of case’ submission

Question 18

Can defence call evidence after making this submission?

Answer 18

no

Question 19

What’s a Prasad direction?

Answer 19

An invitation to find the accused not guilty prior to hearing the defence case.

Question 20

Why give a Prasad direction?

Answer 20

Verdict of guilty UNSAFE or UNSATISFACTORY, MANIFESTLYUNRELIABLE, no reasonable jury could safely act on it.

Question 21

Can the Prasad be given at a local level now?

Answer 21

No application at local court, as of DPP Reference No 1.

Question 22

What is there a distinction between with a Prasad?

Answer 22

Existence of evidence and reliability of evidence

Question 23

Does the onus of proof of bebyond reasonable doubt ever shift from prosecution?

Answer 23

No

Question 24

What’s Woolmingtons case?

Answer 24

“The Golden Thread”. The duty of the prosecution to prove the prisoners guilt.

Question 25

S140 Evidence Act?

Answer 25

Civil Proceedings - Balance of probabilities

Question 26

S141 (1) Evidence ACt?

Answer 26

Criminal Proceeding - Prosecution case - Beyond Reasonable Doubt

Question 27

S 141 (2) Evidence Act

Answer 27

Crim Proceedings - Def case - Balance of probabilities

Question 28

S142 Evidence Act?

Answer 28

On an objection, whether or not the evidence should be allowed or not is decided on the balance of probabilities.

Question 29

Two types of presumptions?

Answer 29

Rebuttable and irrebuttable.

Question 30

Is Doli Incapax rebuttable?

Answer 30

if the child is 10-14 years

Must know it was wrong, not merely naughty

Question 31

Irrebuttable presumption?

Answer 31

DOli incapax if child is under 10