Evidence Flashcards
1
Q
What is the Woolmington principal
A
Presumption of innonence
1
Q
A
2
Q
Are there any exceptions to the Woolmington principal?
A
Yes, insanity defence
3
Q
Where the defence is required to prove an element what standard of proof do they have
A
Balance of probabilities
4
Q
What are some good reasons for not using visual ID evidence
A
Refusal of subject to take part
Singular appearance
Change in appearance
Did not anticipate ID as an issue
Offender was pointed out to officer at the scene.
5
Q
Voice ID. How is it proved
A
Balance of probabilities (lower than visual ID)
6
Q
Is a defendants stx admissible against a co defendant
A
No
7
Q
When could a defendants stx be ruled inadmissible
A
Reliability rule
Oppression rule
Improperly obtained evidence
8
Q
A
