Author name: The Legal Solicitor

S 179 character is person’s general disposition made up of aggregate of traits including honesty, peacefulness, skill or care, temperance and their opposite, per Makin v AG of New South Wales mere fact of evidence showing commission of other crimes doesn’t render same inadmissible if relevant to issue as to show whether act was designed […]

A special right, immunity or exemption where one refuses to give evidence or prevent others from doing so, distinguished from public interest immunity where primary source of evidence is privileged secondary evidence may be resorted to whereas if public immunity excluded facts can’t be proved in any way. Include doctor patient, clergy penitent, self-incrimination, state

Rule preventing one from asserting or denying a fact’s existence because he has previously or earlier asserted or denied the opposite, distinguished from presumptions as it is procedural thus ought to be pleaded, evidence in respect of it ought to be led and apart from autre fois acquit and convict it doesn’t apply in criminal

Judicial Notice (JN) Gen rule is a judge not permitted to rely on personal knowledge of facts which isn’t of public notoriety and presumed to be known to public or easily verifiable. S 9 taking judicial notice of facts in issue or relevant to facts in issue only of facts generally known within jurisdiction or

Common Law-admissibility isn’t affected by mode of obtaining evidence, Human Rights: admission of evidence obtained in breach of HR or constitution isn’t admissible, perTuffour v AG no one can make what constitution says lawful unlawful and vice versa, per Okorie alias Ozuzu v Rep if breach of rule of law or constitution, evidence not objected

Taylor v Taylor evidence may be distinguished between inadmissible per se and one which would have been rejected as inadmissible upon objection. S 179, 51-supra, DPP V Kilbourne evidence is relevant if it is logically probative or dis-probative of some matter which require proof.Mensah v Republic general rule for admissibility is sufficient relevance to issues.

S 10 burden of persuasion means obligation of party to establish a requisite degree of belief concerning fact in mind of court, requiring one to 1-raise a reasonable doubt, or 2-establish fact by preponderance of probabilities or 3-by proof beyond reasonable doubt. S 11 burden of producing evidence(BOPE) means obligation to introduce sufficient evidence to

Interpretation: S 179(1) of Evidence Act 1975 (Act 323) defines Evidence as anything presented to senses to proves existence or not of a fact, Relevant Evidence means one includes one relevant to witness’ credibility or hearsay declarant making existence or not of a fact more or less probable than it will be without the evidence,

Grounds of Appeal: Not represented by lawyer, didn’t appreciate nature of charge, didn’t intend to plead guilty, upon facts cannot in law be convicted, Bill of Indictment Charge Sheet: contains the charges against the accused person Summary of Evidence (Titled Bill of Indictment)List of witnesses as PW1,2,3: Material Witnesses, witnesses to both the charge cautioned

S 294 the following punishments inflicted death-treason, murder, subversion, not on juveniles and pregnant women; imprisonment-1st degree max of life imprison, law say offence is felony but no specifics then 2nd degree dishonesty offences like stealing, falsification max of 25 years and if no specifics max of 10 years, misdemeanors max of 3 years. If