Elements of Evidence Flashcards
(14 cards)
What does the Evidence Act aim to do?
Help secure the just determination of proceedings
Six objectives in Section 6 (Purpose of Evidence Law)
a) Providing for facts to be established by the application of logical rules
b) providing rules of evidence that recognise the importance of rights
c) promoting fairness to parties and witnesses
d) protecting rights of confidentiality
e) avoiding unjustifiable expense and delay
f) enhancing access to the law of evidence
What makes good evidence?
Facts that prove the charge
Facts in issue
Circumstantial Evidence
What are facts in issue?
The facts which in law need to be proven to succeed with the case.
What is circumstantial evidence?
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.
What is a General Rule?
A general rule of evidence is that all facts in issue and facts relevant to the issue must be proved by evidence
What are the exceptions to the general rule of evidence?
The two main exceptions to the general rule are when no evidence needs to be given of facts because:
- Judicial notice is taken
- The facts are formally admitted
What does it mean when the court takes judicial notice of a fact?
That it declares that it will find that the fact exists, or will direct the jury to do so even though evidence has not been established that the fact exists.
Explain Section 128 - Notice of uncontroverted facts
A judge or jury may take notice of facts so known or accepted generally that they cannot reasonably be questioned.
Only concerned with the facts in issue.
Explain Section 129 - Admission of reliable published documents
A judge may in matters of public history, literature, science or art admit as evidence any public documents they see as reliable sources
Explain presumptions in relation to evidence?
Where no direct evidence evidence is offered or is obtainable, disputed facts are sometimes inferred from other facts which are themselves proved or known.
The inference is called a presumption.
What is a presumption of law?
Presumptions of law are inferences that have been expressly drawn by law from particular facts.
Presumptions of law can either be conclusive or rebuttable.
Give an example of a presumption of law:
A conclusive and irrefutable presumption would be that a child under 10 is unable to be convicted
Explain presumptions of facts:
A presumption of fact are those that the mind naturally and logically draws from the given facts.
Presumptions of fact are simply logical inferences, and so are always rebuttable.
