Evidence Essentials Flashcards
(12 cards)
Oral evidence -
Real Evidence -
Documentary evidence -
- evidence given by witnesses orally in court
- an item or thing
- documents lodged to the court
Facta probanda
Facta probationis
Facts to be proven
Facts of the proof/circumstantial evidence, multiple pieces satisfy the facta probanda
Circumstantial evidence
Evidence that relies on other pieces of evidence to confirm facts of the case
Burdens of proof
Persuasive-
beyond reasonable doubt, lies on prosecution, defence only has this for some defences
Burdens of proof
Evidential -
Requires a party to identify sufficient evidence for a court to justify a legal issue as a live one
Burdens of proof
Incidental burden
Where parties leading persuasive argument have a full case, incidental burden arises on the other party to disprove this
No case to answer?
Where prosecutions case is too weak, judge will acquit
Moorov v HM advocate 1930
Moorov doctrine of corroboration
Where conduct of accused is similar in time character and circumstance, from multiple individuals, evidence can be considered corroborated
Moorov had been accused of sexually assaulting female employees when they were alone
Lord advocates Reference (no 1 of 2023)
Corroborating statements acting as supporting evidence
Court determined that in this case, complainers distress at the time and statements given shortly after rape constituted corroboration
Hm Advocate v PG and JM 2024
Corroboration of perpetrators identification
Statements from soon after the events could not corroborate id of perpetrator
Babysitter accused of touching boys in 1990
Charges unsubstantiated, insufficient corroboration of id
Witnesses are competent when
Until proved otherwise
Gubinas v HM advocate
Jury can make up its own mind about video evidence
