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4. The burden and standard of proof  

submission of no case to answer is whether the prosecution/claimant has established a prima facie case as to each essential element of the case/claim, so as to avoid the case being withdrawn

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4. Proof of facts without evidence  

exceptions and cases in which the accused raises the defence of insanity, in criminal proceedings the prosecution bears the legal burden of proving all facts essential to their case. It follows

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3. The judicial function in the law of evidence  

which counts. In some cases, stronger comment is permissible than in others and in certain cases, some observation on the weight of evidence may be essential if the jury are to be properly

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9. Corroboration and care warnings  

each case, in many or most cases a judge might consider four points to put to the jury: (1) to consider the case for and against each accused separately; (2) to decide the case on all

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9. Corroboration and suspect witness warnings  

offences case. 9.6 Cases in which suspect witness warning required The result of the development of the law outlined above may be summarized as follows. Unlike the cases in which

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Introductory remarks on the law of evidence  

and the range of cases triable without a jury has been extended to include certain fraud trials, cases in which there is a danger of jury tampering, and rare cases in which:

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III. Burdens and proof  

disaster, the negation of fault would be essential to the defendant’s case; on the other hand, proof of fault would be essential to the claimant’s case were the rule that charterparties cease

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2. The language of the law of evidence  

the claimant’s case, such as fraud, illegality, infancy, or accord and satisfaction. In criminal cases, the facts in issue are ascertained by reference to the essential elements of the

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14. Character evidence I  

Character evidence generally; in civil cases; evidence of good character

was somewhat, though not greatly, weakened on the facts of the case by the fact that homosexual intent was not an essential element of the offence charged, but there seems no doubt that

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7. Evidence of the defendant’s good character in criminal cases  

given in the form of evidence of reputation. In the leading case, Rowton (1865) Le & Ca 520, the Court for Crown Cases Reserved held that, at trial, evidence had been wrongly received

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17. Opinion evidence  

defendant’s confessions were unreliable’. Lord Kerr conceded that there were cases where it was essential for an expert to give an opinion on ultimate issues [27], but emphasized that

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1. Introduction  

in criminal cases must follow and apply the rules, which are not mere guidance. Compliance is compulsory and the word ‘must’ means must. See Leveson LJ, Essential case management:

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8. Public Interest Immunity and Related Matters  

prosecution summary will not usually suffice, but is always desirable and, in a complex case, essential. 3. It will be necessary for that review to be carried out by the same constitution

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16. Previous judgments as evidence  

trial is apt to cover not only an issue which is an essential ingredient in the offence charged, for instance in a handling case the fact that the goods were stolen (that is the restricted

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2. Preliminaries  

burden in relation to all those facts essential to the Crown case. If the prosecution fail to adduce sufficient evidence in relation to an essential element of the offence, they fail not

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12. Drawing adverse inferences from a defendant’s omissions, lies, or false alibis  

subsequently gives evidence, putting forward no more than a bare denial of an essential part of the prosecution’s case. As Toulson LJ pointed out in Smith (Troy) [2011] EWCA Crim 1098 at

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3. The burden and standard of proof  

criminal and civil cases be considered separately. Criminal cases Speaking generally, the legal burden of proving any fact essential to the prosecution case rests upon the prosecution

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12. Expert Evidence  

had the desired effect. Expert evidence is generally restricted to cases where it is essential and by the time a case comes on for trial the issues have usually narrowed significantly

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18. Public interest immunity and privilege I  

Public interest immunity

of the material available to the decision-maker, detail which was essential to an evaluation of the substantive case. 104 It is submitted that this is the correct approach and accords

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13. The rule against hearsay IV  

The accused’s denials and silence

striking way to put the need, reflected in Lord Taylor’s third and fourth essentials in Cowan , for a case to answer. 20 (vii) The jury should be reminded of the evidence on the