JSB171 Lecture Notes - Lecture 1: Jury Trial, Voir Dire, Judicial Discretion
Document Summary
Elements of evidence: the process when answering an evidence question is: a. Identify the pieces of evidence available to prove the facts in issue law: direct evidence, testimony b. c. d, competence and compellability i. Is the piece of evidence sufficiently relevant: to be admitted into evidence, must be sufficiently relevant. If it is caught by an exclusionary rule, it will not be received into evidence. If prima face admissible, or is inadmissible but caught by an inclusionary rule, it may be received into evidence. Like insanity, the legal burden will be on the accused to prove the elements of the defence of intoxication in s 28. Elements of evidence: the excuse of intoxicated, no intent in s 28(3) is an excuse. Subsection (2) provides that it shall be for the defence to prove that the person charged is by virtue of this section liable to be convicted of manslaughter only".
