Chap 8: Evidence

Question 1

Test for Prosecution

Burden of Proof

Answer 1

• The burden of proof lies clearly with the prosecution in relation to all of the elements of the offence.

Question 2

Law of Evidence Standard of Proof

Answer 2

• In general, where the legal burden is on the prosecution it must discharged “beyond reasonable doubt”.

In contrast, any element which the defence bears the burden of proving need only be proved on the “balance of probabilities”.

Question 3

Beyond Reasonable Doubt

Answer 3

• Beyond reasonable doubt is a very high standard of proof which the Crown will have met only if, at the end of the case, the jury has no doubt in their mind in relation to the defendants guilt

Question 4

Balance of Probabilities

Answer 4

• Where the defence is required to prove a particular element, such as insanity, on the balance of probabilities, it must simply show that it is more probable than not.

Question 5

Corroboration

Answer 5

• One witness’s testimony, unsupported by any other evidence, will suffice to prove a case where the court is satisfied that it is reliable and accurate and provides proof to the required standard.

Question 6

Identification evidence

Admissibility of Identification Evidence

Answer 6

• An assertion by a person, based wholly or partly on what that person saw, to the effect that a defendant was present at or near a place where an act constituting direct or circumstantial evidence of the commission of an offence was done at, or about, the time the act was done; or
• An account (whether oral or in writing) of an assertion of the kind described above.

Question 7

Evidence Act 2006 Section 45 Admissibility of Visual Identification Evidence

Answer 7

• If a formal procedure is not followed by officers of an enforcement agency in obtaining visual identification evidence of a person alleged to have committed an offence and there was no good reason for not following a formal procedure, that evidence is inadmissible in a criminal proceeding.
• Unless the prosecution proves beyond reasonable doubt that the circumstances in which the identification was made have produced a reliable identification.

Question 8

The circumstances that are a good reasons for not following a formal visual ID procedure:

Answer 8

• A refusal of the suspect to take part in the procedure.
• The singular appearance of the suspect.
• a substantial change in the appearance of the suspect.
• No anticipate that identification would be an issue at the trial of the defendant.
• Identification made shortly after the offence.
• Chance meeting.

Question 9

Section 28 Exclusion of unreliable statements

Answer 9

The Judge must exclude the statements unless satisfied on the balance of probabilities that the circumstances in which the statement was made were not likely to have adversely affected its reliability.

Question 10

Section 30 Improperly obtained evidence
1) The Judge must—

Answer 10

a) find, on the balance of probabilities, whether or not the evidence was improperly obtained; and

b) if the Judge finds that the evidence has been improperly obtained, determine whether or not the exclusion of the evidence is proportionate to the impropriety by means of a balancing process that gives appropriate weight to the impropriety and takes proper account of the need for an effective and credible system of justice.

Question 11

Section 30 Improperly obtained evidence
1) The Judge must—

Answer 11

a) find, on the balance of probabilities, whether or not the evidence was improperly obtained; and

b) if the Judge finds that the evidence has been improperly obtained, determine whether or not the exclusion of the evidence is proportionate to the impropriety by means of a balancing process that gives appropriate weight to the impropriety and takes proper account of the need for an effective and credible system of justice.