Prima Facie & Proofs Flashcards
(20 cards)
What doe sPrima Facie mean?
On the face of it or At first sight.
What are the four options for the defence at the end fo the prosecutions case?
- Make a Prima Facie Submission 1st leg May v O’Sullivan.
- To make a 2nd leg May v O’Sullivan submission
- Prasad Direction
- The defence can call evidence.
Explain the 1st Leg May v O’Sullivan submission
The possibillity of the defendant being convicted.
Could the defendant be convicted.
There must be some evidence for each element of the offence.
The charge will fail if there is no evidence for a particular element
It is a question of law.
What does the Bruce Towers case say about 1st leg submissions?
Only evidence which favours the prosecution to be taken into account.
The court must take the eivdence at it’s highest.
Evidence that supported the defence case could be disbelieved, including alibi evidence.
Explain the 2nd leg May v O’Sullivan submission
The probability of the defendant being convicted.
Should the dfendant be convicted.
It is a Question of Fact.
All the evidence is then considered with all it’s weaknesses and taking into account the evidence in favour of the defence.
This is considered a close of case submission and the defence cannot then call evidence.
What is a Prasad direction?
An invitation to the jury by a judge to find the accused not guilty prior to hearing the defence case.
What does R v Doney say about a Prasad direction?
If there is any evidence for each of the elements that is capable of proving guilt, then it should be left to the jury.
Following a Prasad direction the defence will be permitted to call evidence, unless they have already adressed that evidence.
What does the DPP ref 1/2017 say?
If evidence taken at its highest is capable of sustaining a conviction, it is for the jury as the constitutional tribunal of fact to decide whether the evidence establishes guilt beyond a reasonable doubt.
What are the 4 standards of proof?
- Proof on the Balance of Probabilities.
- Proof Beyond a reasonable Doubt.
- Proof Beyond any Doubt.
- Proof of an issue raised by a party.
What does the Woolmingtons Case say?
One Golden Thread is always seen, that is the duty of the Prosecution to prove the prisoners guilt.
What is the standard of proof for Civil Cases?
Section 140 of the Evidence Act 1995.
Balance of Probablities.
What is the standard of proof for the Prosecution case in a criminal matter?
Section 141(1) of the Evidence Act 1995 Beyond a Reasonable Doubt.
What is the standard of proof for the defence in a criminal matter?
Section 141(2) of the Evidence Act 1995 Balance of Probabilities.
Section 142 of the Evidence Act 1995 says what about evidence?
Must be satisfied on the balance of probabilities.
Must take into account the importance of the evidence.
Gravity of the matters alleged in realtion to the question of admissibility.
What are the two main Presumption in law?
Irreubuttable - Doli Incapax under 10.
Rebuttable - Doli Incapax between 10 and 14.
What leg does the Possibility that the defendant Could be convicted relate to?
1st Leg May v O’Sullivan.
What leg does the Probability that the defendant Should be convicted relate to?
2nd Leg May v O’Sullivan.
What leg does a Question of Law relate to?
1st Leg May v O’Sullivan.
What leg does a Question of Fact relate to?
2n Leg May v O’Sullivan.
What case refers to the Prosecution’s evidence is only to be taken into account and it is to be taken at it’s highest?
Bruce Towers Case, regardign 1st Leg May v O’Sullivan.
