EVIDENCE

WHAT IS THE POINT OF

EVIDENCE?
Evidence is the way in which the Crown and the defence

try to reconstruct the chain of events.

The evidence tries to convey the facts to the court so that

a judgement can be announced.

Only relevant evidence is usually admissible

Evidence can be excluded from the trial if proper

procedures during the investigative process are not

followed

VOIR DIRE
a mini-hearing held during a trial on the admissibility of

challenged evidence.

TYPES OF EVIDENCE

DIRECT EVIDENCE
Evidence given by a witness
usually a verbal description of what the witness

knows about the events.

CIRCUMSTANTIAL EVIDENCE
Indirect evidence that links the accused to the crime.

PHYSICAL EVIDENCE
Hair, fingerprints, bodily fluids, DNA

TYPES OF EVIDENCE
Similar Fact Evidence Crown

typically uses this to show that

accused has committed similar
crimes in the past.
Usually eliminates the Defence

claims to mistake/accident
Opinion Evidence expert

testimony

TYPES OF EVIDENCE
Hearsay - Evidence consisting of matters that a witness was

told

Witnesses cannot testify about indirect knowledge

TYPES OF EVIDENCE
Character Evidence Negative traits of the accused
Can only be introduced if Defence presents evidence

of good character
Photographs/Electronic Devices/Surveillance

evidence taken from the crime scence must follow

CC procedures when collecting evidence

TYPES OF EVIDENCE

Confessions acknowledgement that all/some part

of the charge is true

Inculpatory - admission of guilt
Exculpatory - denial of guilt

TRACE ELEMENTS
Dirt, dust, residue
Provides link between suspect and the crime

Animal fur is more scaly than human hair

Hair samples with the root can provide

the most information DNA us usually
present.

BLOOD
Blood samples are important

in impaired driving cases or

crimes committed when
under the influence
Percentage of alcohol or
substance levels can be
important in cases where
mens rea is an issue.

CLASSIFYING FINGERPRINTS
All fingerprints can be identified as one of three types: Arches,
Loops, Whorls
1. Arches: forming ridges that run from one side of the print to

the other and curve up the middle

2.

Loops: showing stronger curves than arches with ends that start on one
side of the finger, loop around and end up in the same place

Dont get these confused with full circles or ovals.

3.

Whorls: forming complete ovals, often in a spiral pattern around a central

point.