CHAPTER 11
chapter 11
Findings
11.2The purpose of an inquiry into the facts 11.7Availability of evidence 11.9Perception and interpretation 11.19Analysing the evidence 11.20Evaluating the evidence 11.22Facts and inferences 11.22Primary facts and inferences 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 11.46When 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
11.58Lack 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 The way the witness gave evidence • The character and health of the witness • The reliability of the evidence given by the witness
Factors relating to the nature and effect of memory
11.132A realistic approach to fact-finding