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21 Cards in this Set
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is this evidence? evidence includes ____ evidence - ____by witness in relation to matters or facts under ____ _____ evidence- all do--- produced for the court's inspections _______Exhibits |
oral evidence - statement by witness - under inquiry document physical exhibits |
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can the evidence be ________? evidence may be given ... of the _____or non____ of every ___________ and of such other facts that are hereinafter declared to be _____ , and of no others - _____act (cap __) -__________code (cap ___) |
tendered, existence or non existence of every fact in issue relevant - evidence act cap 97 -criminal procedure code act 68 |
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how to give evidence in court? 3 stages - ______-- qning by party calling _____, no _______ purpose: establish _______ - _______ qning by ____party, ____allowed ____evidence given during previous stage, -_____ |
evidence-in-chief witness, no leading qns , establish facts cross-examination adverse, leading qns , test, set position of adverse party re-examination |
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court etiquette - p_____-- - a_______ -____to judge, c___to counsel -seek _____before ____ to notes and papers - when answering questions, speak ___ and ___ watch the judge's ____/____ on _____ |
punctual appearance respectful, courteous permission, referring slowly and clearly, pen/ hand on computer |
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when to tender evidence? tender through ____- determine which ____to tender which _____ tender via _____with _____ |
through witness, determine which witness to tender which evidence tender via agreement with defense |
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(2) facts in issue and relevant facts section ___ in ____act only facts in issue and relevant facts can be ___ as evidence facts in issue by ______ or relevant facts are facts that prove ________ we can get _____ if we infer from ________ |
5 - evidence act admitted -direct evidence -facts in issue facts in issue if we infer from relevant facts |
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relevant facts may constitute _________ which means fact from which some other ____ is ______ e.g. case of ____ |
circumstantial evidence fact is inferred sunny ang |
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_____facts so as to form part of ___________- section _ : facts so _____ with a fact in issue so as to form part of the same _______. -proximity of ____, prox of p_____, _____of action and _____ or _____ |
connected, transaction 6: facts so connected with....form part of the same transaction time, place, continuity of action, design , purpose |
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section __: facts which are the ____, ____ or _____ of relevant facts or facts in issue |
7: occasion, cause, effect |
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section _: facts showing ____ or ____for any fact in issue or relevant fact |
8(1): motive or preparation |
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section _ : ____and ____conduct |
8(2): previous and subsequent |
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section _: _____necessary to ____ or _____relevant facts in issue or relevant fact |
9: introduce , explain |
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11: facts _____with any facts in issue or relevant fact 14: facts showing _____ of any ____of mind 15: facts showing whether an act was ____ or ____ |
11-inconsistent 14-existence of any state of mind 15-accident or intentional |
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(3) burden of proof section 103_evidence act - whoever desires and court to give judgement as to any legal right or liability, dependent on the existence of facts which asserts, must _______ section 105 the party who wishes to ____on a ____--must ________ |
prove that those facts exits, prove it. beyond any reasonable doubt |
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(4) corroboration situations where law require court to take ______ before it ____ on a witness _______ court _____itself or require ________ |
particular care, relied on a witness testimony - caution, supporting evidence |
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- who to take not for for corroboration a________ (spies) agent ________ (another type of spy) C________ may find it difficult to distinguish between fact and fantasy victims of ____________ |
accomplices agent provocateur children sexual abuse |
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concept: ________ need to establish the exact ____and ____of exhibits from the point of ____to its ____ in court pp wanfeng feng after examination . IO packs shirt and sends it to fs Dr Tay - tay examines and finds 5 cuts on shirt opposed to Dr lau pathologist of 1 --- possible break of chain? |
chain of evidence movement and whereabouts collection - admission |
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(5) hearsay rule and exceptions section __ EA -a witness must give evidence of ______facts __________by him cannot give evidence of relevant facts ___________ |
relevant, directly perceived by him - told to him by other persons |
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exception: ___________ (RG) section 6 hint - facts which though not in issue are so connected with a fact in issue as to form part of the same transaction are relevent. - if possibility of ______and ______are low = section __ allows for exception for hearsay evidence made for a person who is ____ or ____because of mental or bodily condition to attend as witness despites efforts __________ outside_____ despite competence he __________ |
res gestae - fabrication and concoction 32 dead, unfit cannot be found whether within or out of singapore outside singapore refuses to do so |
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(6) opinion and expert evidence opinion evidence of fact is generally ______ unless you are an ____ giving an ____ section __ you are qualified according to court if you are skilled by way of___________ evidence and opinion by expert must also be ______ -battle of experts - ong pang siew dr jerome goh v dr tommy tan -leong wing kong - CNB officer ASP lim |
inadmissible - expert, expert opinion determines the relevency of fact - section 47,48 skilled by way of experience - independent |
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illegally obtained evidence- principle: relevant evidence is _______ even if _______________- BUT the court has the _____to _____it if it would operate ________against the ______ refer to Mohamed emran bin mohamed ali v pp high court 08 - entrapment' |
admissible illegally obtained discretion, exclude, unfairly, accused |
