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CHAPTER 11
CHAPTER 11
chapter 11
Findings
11.1Nature of a fact
11.2The purpose of an inquiry into the facts
11.7Availability of evidence
11.8Value of evidence
11.9Perception and interpretation
11.13Recollection
11.15Communication
11.18Admissibility
11.19Analysing the evidence
11.20Evaluating the evidence
11.21What is a fact?
11.22Facts and inferences
11.22Primary facts and inferences
11.26Compound fact
11.27Inferences of perception and evaluation of facts
11.28Inference upon inference
11.29Evidential inferences
11.29Types of evidential inference
11.39Closed, open, comparative and own initiative processes
11.44The efficient use of inferences
11.45Forensic inferences
11.45Nature
11.46When a forensic inference is necessary
11.49Lack of co-operation that may permit a forensic inference
Refusing to answer questions • Destroying documents or other property with the intention of preventing their use as evidence • Withholding written information in the possession of or available to the party • Failing to agree to undertake a test like a blood test or DNA testing for paternity • Failing to co-operate in a procedure relevant to the court proceedings like family therapy • Failing to attend the hearing of an appeal or to arrange for witnesses to attend
11.56Criminal matters
11.58Lack of co-operation that does not permit a forensic inference
11.59Attitude to proceedings
11.63If a forensic inference cannot be drawn
11.64Effect of a forensic inference
11.69Analysing the evidence
Some general principles
Common sense • Rationality • What does rationality involve? • The significance of the burden and standard of proof • The evidence as a whole • Coherence
11.86Assessing the probative worth of evidence
11.89Credibility
The way the witness gave evidence • The character and health of the witness • The reliability of the evidence given by the witness
11.109Reliability
Factors relating to the nature and effect of memory
11.116Significance
11.119Familiarity
11.120Expert evidence
11.132A realistic approach to fact-finding
CHAPTER 11
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