CHAPTER 5
5. FACTORS TO CONSIDER IN WEIGHING EVIDENCE
5.1. GENERAL PRINCIPLE
The reliability of evidence should be determined in light of all of the
circumstances/evidence of the particular case. The factors to be considered
in weighing evidence are basically a matter of common sense.
The Factors Listed Here And Elsewhere In The
Paper Are Not Meant To Be Exhaustive.
5.1.1. Some Factors That May be Considered
- the circumstances surrounding the
making of the statement
- any information about the person
who made the statement
- how many times the information was
passed on before being made known to the witness
- the consistency of the statement
with other reliable evidence
- the witness' opportunity to observe
the events regarding which she testifies
- the circumstances surrounding the
event
- whether there is better evidence
available and whether a reason was provided for not producing that evidence
- whether the witness is drawing reasonable
inferences or is simply speculating
- whether the evidence is consistent
with reliable documentary/ other evidence
- whether the evidence is self-serving
- the circumstances under which a document
was created
- the opportunity to cross-examine
the author of a document
- whether some of the witness' evidence
has been found not to be credible
- whether the witness is disinterested
in the result
- whether the witness is biased
- the witness' qualifications and knowledge
of the subject regarding which she testifies
- attitude and demeanour of a witness
- knowledge and expertise of author
of a document and the date of the document.
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