The assignment highlights the Sworn and unsworn evidence and standard of proof in the case of Johnny. Johnny faces trial before a judge sits with a jury to determine if he caused grievous bodily harm. Mainly, evidence gets divided into sworn and unsworn testimony in the Australian justice system. Sworn evidence involves one taking an oath before presenting evidence. However, unsworn evidence requires one to give evidence without the obligation of making a promise first. Notably, when presenting unsworn evidence, one will need to provide reasons for not taking the sworn evidence route. The discussion provided on sworn and unsworn testimony and standard of proof will help in analyzing Johnny’s case.
sworn and unsworn evidence and standard of proof, click
STANDARD OF PROOF AND ONUS OF PROOF
The crown has the duty of proving that the accused is guilty beyond any reasonable doubt. Therefore, this becomes the highest standard of proof that the top needs to achieve before convicting an accused. Significantly, the judge and the jury needs to establish whether the crown establishes the charged as being guilty. The head, however, does not have to prove every single fact that is in dispute. Importantly, it needs to determine the elements of the charge, especially the critical essential facts of the case. Sworn and unsworn evidence and standard of proof are crucial aspects that will help determine the final verdict.
standard of proof and onus of proo
RULES OF EVIDENCE AND THE STANDARD OF PROOF
Several areas present difficulty during self-representation, and notably, the rules of evidence is a crucial area. Mainly, the laws of evidence regulate areas such as what witnesses can say and the introduction of proof. Two principles help in ensuring that the rules of evidence are functional and relevant at court. Notably, legislation is a crucial principle and, through the Evidence act of 1995, calls for the provision of the best evidence. Moreover, it calls for the establishment of rules of fairness. Rules of evidence affect the sworn and unsworn testimony and the standard of proof required to prosecute accused persons.
rules of evidence and the standard of proof
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