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    Lesson 16 - Burden and Standard of Proof

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    Lesson 16 - Burden and Standard of Proof

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    54 views6 pages

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    lesson 16 - burden and standard of proof

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    Download as pptx, pdf, or txt
    54 views6 pages

    Lesson 16 - Burden and Standard of Proof

    Uploaded by

    api-249423644

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    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
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    Burden and standard of proof

    Use of evidence, including witnesses


    Burden and standard of proof
    The burden of proof the burden (or onus) rests with
    the prosecution to prove the case against the accused.

    The standard of proof is the level of proof required for a
    party to succeed in court.

    In criminal matters the standard of proof is beyond
    reasonable doubt.

    This requires prosecution to show there is no reasonable
    doubt that the accused committed the offence.

    Evaluate the importance of the burden of proof in
    criminal law
    Use of evidence, including witness
    The use of evidence in a court case is bound by the
    Evidence Act 1995 (NSW) and includes various
    complex rules

    Evidence will be inadmissible if:
    It is illegally obtained
    It is irrelevant
    It is not direct evidence (just hearsay)

    Use of evidence, including witness
    Types of evidence that may be used in a criminal trial:
    Real evidence
    Tape recordings
    Charts to help explain
    Photographs
    Fingerprints
    DNA testing
    Exhibits such as weapons and clothing
    Documentary evidence
    Original documents that may have been used in the committing a crime
    Witness testimony
    This might be someone who saw the crime take place, has relevant
    knowledge about the crime or has any knowledge that supports the crime
    Use of evidence, including witness

    A witness must swear under oath to tell the truth and
    can be fined for perjury (lying under oath)

    Cases may also use an expert witness. This is a
    person who has studied some element relevant to the
    case. Their job is to give testimony based on their
    expertise or specialised knowledge to give an opinion
    or an interpretation of the evidence.

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