Criminal law survival kit

  • What does criminal law mean in Australia?

    If relevant, evidence may nevertheless be inadmissible if it is excluded by a rule that provides for the exclusion of particular kinds of evidence (for example, the rule against hearsay evidence, the 'similar fact evidence' rule, and the rule against opinion evidence)..

  • What is criminal law UK?

    Evidence which fits within the rules of evidence may be 'admitted' into a trial or hearing as 'admissible' evidence.
    The first principle of admissibility is that the evidence must be relevant.
    To be relevant, evidence must tend to prove a fact in issue, or must go to the credibility of a witness..

  • What is meant by mens rea?

    What is criminal law? The criminal law sets out the definitions of criminal offences and the rules and procedures that apply when: the police investigate an offence they allege you have committed. the prosecuting authorities charge you, and. you must appear in a criminal court..

The text of the Criminal Law Survival Kit is in two large documents, one on Crime and one on Evidence. At this stage I want to keep it that way to makeĀ  Part B: EvidenceChapter 13 SentencingCrimeLatest Developments

Are tools of crime admissible if not used in a crime?

Implements which might have been used in the crime are admissible, but not tools of crime not used in the particular crime: Thomson and Wran (1968) 117 CLR 313

5/

Competence and Compellability of Witnesses Most witnesses are competent and compellable to give evidence

Competent: they can be called to give evidence

What is the probative value of evidence under s 90?

In making a determination under s

90, the probative value of the evidence is of little relevance: Regina v Sophear Em NSWCCA 374 at para , and it is incorrect to weigh up the probative value of the evidence against prejudicial value (unlike the discretion under s

137 Evidence Act ( Sophear Em at para ))

What is the purpose of the criminal law?

1

The purpose of the legislation is to avoid delays in the criminal process by unnecessary or prolix cross-examination at committal

2

The onus is on the defence to satisfy the Local Court that an order should be made directing the attendance of witnesses

3

The process is an important part of the committal proceedings


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