Who?
Who is defendant?
What?
What offence has D (allegedly) been accused of?
State legal offence
How?
how did the offence occur? What did D do?
When?
What time and date was the offence?
Where?
Where was the offence committed?
Burden for prosecution:
Prosecution have the legal burden to prove the case, thus D’s guilt, beyond reasonable doubt. This will
stand throughout the proceedings. The prosecution will also need to show that from the evidence,
there is a case for the defendant to answer to.
Following Galbraith: after the prosecution has presented their evidence at trial, DS can make a
submission that there is no case to answer to in which the judge will decide if the prosecution have
met their burden.
Evidential burden is then on D if there is an alibi / raising self-defence – if D then does this then…
CPS must prove beyond reasonable doubt there was no self-defence/alibi or negate this position.
What pieces of evidence does the prosecution have to prove their case:
Witness who has provided evidence against D? direct evidence? (did D see it/were they there?)
Previous convictions? – propensity? Offence of the same kind?
Confession evidence?
Hearsay evidence? – but is it admissible? (such as W hearing D give a confession to W/ D saying they didn’t do it – but
is admissible (s76(1)?)
Police interview – what kind of interview did D give?
What pieces of evidence does the defendant have to prove their case:
Defendants own statement – alibi?
Previous convictions – are the relevant? From a long time ago?
Witness evidence – credible? Did they ‘see’ the offence?
Police interview – misconduct?
Strength and weaknesses of each case:
Strength of prosecution case – satisfy burden?
Weaknesses of prosecution case - Require more evidence? Alibi? Misconduct from police? Credible witness?
Strength of defence case – have a defence? Alibi?
Weakness of defence case? – need more evidence?
What helps and hinders the case for the parties?
Likelihood of success?
Who is defendant?
What?
What offence has D (allegedly) been accused of?
State legal offence
How?
how did the offence occur? What did D do?
When?
What time and date was the offence?
Where?
Where was the offence committed?
Burden for prosecution:
Prosecution have the legal burden to prove the case, thus D’s guilt, beyond reasonable doubt. This will
stand throughout the proceedings. The prosecution will also need to show that from the evidence,
there is a case for the defendant to answer to.
Following Galbraith: after the prosecution has presented their evidence at trial, DS can make a
submission that there is no case to answer to in which the judge will decide if the prosecution have
met their burden.
Evidential burden is then on D if there is an alibi / raising self-defence – if D then does this then…
CPS must prove beyond reasonable doubt there was no self-defence/alibi or negate this position.
What pieces of evidence does the prosecution have to prove their case:
Witness who has provided evidence against D? direct evidence? (did D see it/were they there?)
Previous convictions? – propensity? Offence of the same kind?
Confession evidence?
Hearsay evidence? – but is it admissible? (such as W hearing D give a confession to W/ D saying they didn’t do it – but
is admissible (s76(1)?)
Police interview – what kind of interview did D give?
What pieces of evidence does the defendant have to prove their case:
Defendants own statement – alibi?
Previous convictions – are the relevant? From a long time ago?
Witness evidence – credible? Did they ‘see’ the offence?
Police interview – misconduct?
Strength and weaknesses of each case:
Strength of prosecution case – satisfy burden?
Weaknesses of prosecution case - Require more evidence? Alibi? Misconduct from police? Credible witness?
Strength of defence case – have a defence? Alibi?
Weakness of defence case? – need more evidence?
What helps and hinders the case for the parties?
Likelihood of success?
