General Principles: (a) Introduction W11 Relevance - evidence is relevant if it is logically probative or disapprobative of some matter which requires proof. (DPP v Kilbourne [1973] Simon LJ) Admissibility - Evidence is admissible if it may be lawfully adduced at a trial (DPP v Kilbourne [1973] Simon LJ) Weight - weight of evidence is the degree of probability (DPP v Kilbourne [1973] Simon LJ) (b) Burdnes and Standard or proof (W12) Burdens of proof - The Legal burden and the Evidential burden - refers to the legal obligation of one of the parties of the court case to prove all facts necessary to establish its case. The legal burden / persuasive burden / ultimate burden . The failure to discharge this burden on a given issue would cause the trail effect to decide that the issue in dispute has not been established. . The legal burden refers to the ability or success of prosecution is discharging burden. . If at the end of the caseff therefore the prosecution fails to establish each particular actus reus and mens reaff the case must fail. In other wordsff the ultimate burden has not been successfully discharged by the prosecution. The Evidential burden . Reference to the duty of one or other parties to produce sufficient evidence to adduce the judge in effect to call the other party to answer . The failure to discharge this burden might lead to judge to believe there is no case to alter. In a senseff this burden is about whether there should be a case in the first place or is there an evidence for a given charge in criminal proceedings. . The court would need to persuade that there is some evidence of wrongdoing. If the court is so satisfied that there is evidence of wrongdoingff then that would suggest the evidential burden has been satisfied. They have to go further to satisfy the legal burden. · It is a matter for judge to decide one of other proponent has satisfied the evidential burden. If the evidential burden has not been satisfiedff the judge should withdraw that offence from the trial effect ffi from the proceedings *Generally speakingff in criminal casesff he who asserts must prove. (also apply to civil matters) The evidential burden has been satisfiedff it then give rise to assumption that the legal burden is next at issue and the prosecution would seek to discharge. It is clear that in criminal proceedingsff the evidential and legal burden rest on the prosecution. This can be challenge or alter where it is sometimes the case that it appears the prosecution is being required to prove a negative. If the defendant want to raise a defenceff the D is required to discharge the evidential burden for that defence.
Standard of proof - refers to the level of how much evidence the party who is carrying or required to discharge the legal burden must produce in order to satisfy that legal burden of proof; the standard