What is temporal coincidence?
The first is that actus reus and mens rea should coincide in point of time; that is, liability should depend upon proof that the defendant had the relevant mental attitude at the moment of doing the acts which form the actus reus of a criminal offence. This is known as temporal coincidence.
What is coincidence evidence?
Current law 27.175 Coincidence evidence is evidence that ‘2 or more events occurred’ that is adduced to prove that ‘a person did a particular act or had a particular state of mind on the basis that, having regard to any similarities in the events … it is improbable that the events occurred coincidentally’.
What is the difference between tendency and coincidence evidence?
The tendency rule, which is the subject of s 97, refers to a person’s tendency “to act in a particular way, or to have a particular state of mind”. Similarly, the coincidence rule, which is the subject of s 98, refers to proof that a person “did a particular act or had a particular state of mind”.
What does probative value mean?
The ability of a piece of evidence to make a relevant disputed point more or less true. For example: In a trial of a defendant for murder, the defendant’s dispute with his neighbor (unrelated to the crime) has a no probative value because it provides no relevant information to the trier of the fact.
What is the contemporaneity rule?
It is a principle of English law that the actus reus and mens rea must coincide. That is they must happen at the same time. This is sometimes referred to as the contemporaneity rule or the coincidence of actus reus and mens rea.
What is the theory of novus actus Interveniens?
Novus actus interveniens is a Latin legal phrase, which describes an important principle in criminal and civil procedure in as far as causation and liability is concerned. Loosely translated it means ‘new intervening act’.
What does cross admissible mean?
Quick Reference (of evidence) The situation in which evidence on one count against an accused is capable of being used as part of the proof of another count.
What is the coincidence rule?
What does it mean when a case is circumstantial?
circumstantial evidence, in law, evidence not drawn from direct observation of a fact in issue. If a witness testifies that he saw a defendant fire a bullet into the body of a person who then died, this is direct testimony of material facts in murder, and the only question is whether the witness is telling the truth.
What is a arraignment?
An arraignment is a criminal proceeding where the defendant is called before a court, informed of the charges, and asked to enter a plea. If you have never been arrested, you might not understand the point of an arraignment hearing.
What is good probative value?
all words any words phrase. probative value. n. evidence which is sufficiently useful to prove something important in a trial. However, probative value of proposed evidence must be weighed by the trial judge against prejudicing in the minds of jurors toward the opposing party or criminal defendant.
What is continuous act?
One consisting of a continuous series of acts, which endures after the period of consummation, as, the offense of carrying concealed weapons.