Chapter 11

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1. The standard of proof addresses the level of proof required; overall, in a criminal trial it is "on the balance of probabilities."

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2. A presumption of fact is an evidentiary burden, whereas a reverse onus is a legal burden.

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3. Blood-stained clothes are an example of viva voce evidence.

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4. Illustrative evidence is used to refer to evidence that stands on its own.

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5. A statement from a witness at an armed robbery trial such as, "I saw X running away from the bank with a brown paper bag immediately after I heard the alarm" is an example of direct evidence of the robbery.

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6. A compellable witness is one who can be forced or required to give evidence.

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7. Circumstantial evidence is "confirmation from some other source that the suspect witness is telling the truth in some part of his story which goes to show that the accused committed the offence with which he is charged."

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8. A judge may exclude any or all members of the public to ensure that the interests of witnesses under the age of 18 years are safeguarded in proceedings in which the accused is charged with a sexual offence.

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9. For certain offences, persons who may have difficulty testifying by reason of mental or physical disability may testify behind a screen.

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10. A judge's decision on whether evidence of sexual activity of the complainant in a sexual assault case is admissible is a question of law and therefore subject to appeal.

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