Prima Facie and Proofs Flashcards
(11 cards)
What is Prima facie?
At first sight, or on the face of it. Evidence that is good and sufficient on its face
At the close of the prosecution case, what are the four options for defence?
- 1st leg May v O’Sullivan submission
- 2nd leg May v O’Sullivan submission
- Prasad direction
- Call Evidence
What is the 1st leg May v O’Sullivan submission?
The 1st leg is where there is “no case to answer” the burden of proving guilt BRD rests on the prosecution. Concerns with the POSSIBILITY of the defendant being convicted, ie. COULD the defendant be convicted?
Must be some evidence for each element of the offence
Question of law, matter for the judge
Explain the Bruce Towers Case
On a 1st leg submission, court to only consider evidence that militates in favour of the prosecution, evidence is to be taken at its highest
Bruce Towers case- witness saw defendant in vicinity of the airplane, plane flown, after plane landed, defs girlfriend could be heard yelling out his name
Held: evidence that supported defence case could be disbelieved, court to accept prosecution case at its highest.
What is the 2nd leg, May v O’Sullivan submission?
If the first leg is unsuccessful, defence can make 2nd leg submission.
Concerns with the PROBABILITY of the defendant being convicted and not the possibility. Question of fact, for the jury to decide.
Evidence considered with all its weaknesses, taking into account evidence in favour of the defendant.
The is a close of case submission and defence CANNOT call evidence after
What is the Prasad Direction?
Invitation to a jury by the judge to find the accused not guilty prior to hearing the defence case, however jury can decline and continue with trial.
Judge can only advise the jury to stop and not direct them to stop, if there is evidence at law that supports conviction, the matter is to be left for the jury. Distinction between existence of evidence and reliability of evidence
What does Doney v The Queen say about Prasad in the LC?
Prasad can still apply in the LC, however in Doney v R, if there is a Prima facie case, no Prasad direction. A matter must be left for the jury if there is any evidence that is capable of proving guilt, regardless of the strength of the evidence.
Can defence still call evidence after Prasad direction?
Yes, Prasad allows for evidence to be adduced after by defence
What are the four standards of proofs?
- BRD
- Balance of probabilities
- Proof beyond any doubt
- Proof of an issue raised by party
What is Woolmington’s case?
States the one golden thread through English Criminal law, the duty of the prosecution to prove prisoner’s guilt
He who asserts must prove
What section of the Evidence Act provides for the standard of proofs in civil and criminal proceedings?
Civil Proceedings, s 140 balance of probabilities
Criminal Proceedings, s 141 (1) prosecution- BRD
Criminal Proceedings, s 141 (2) defence- balance of probabilities
