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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.