Issues in Evidence Flashcards
Admissible
Is the evidence relevant to the case.
Weight
How much does the evidence prove or disprove the case.
R v Sang
The trial judge has a general discretion to exclude legally admissible evidence.
Jeffrey v Black
If the evidence is relevant to the matters in issue then it is admissible and the court is not concerned with how the evidence was obtained (except for confessions due to S. 76 of the Police and Criminal Evidence Act 1984). For example, evidence gathered during an unlawful search is still admissible.
Types of Excluded Evidence
Incompetent witness; relates to previous convictions, the character or disposition of the defendant; hearsay; non-expert opinion evidence; privileged information; withheld as a matter of public policy.
Facts in Issue
Facts which must be proved by the prosecution in order to establish the defendant’s guilt. Includes: the identity of the defendant, actus rea and mens rea.
Woolmington v DPP
The duty of the prosecution is to prove the defendant’s guilt.
Evans v DPP
A defendant cannot be found guilty on the balance of probabilities.
R v Sims
The defence must prove the identity of the accused, the nature of the act and the existence of any necessary knowledge or intent.
Burden of Proof for Prosecution
Beyond a reasonable doubt.
Burden of Proof for Defence
On the balance of probabilities. The defence may have to prove certain defences raised such as an alibi.
Williams v Russell
An example of a summary offence where the burden of proof is on the defence is driving without insurance where the accused is required to prove they are insured.
R v Edwards
An example of an indictable offence where the burden of proof is on the defence is selling liquor without a licence where the accused is required to prove they hold a licence.
