oa Acta Criminologica: Southern African Journal of Criminology - Praesumplio credit Veritali (A presumption yields to the truth): the death-knell for presumptions in our criminal law?
|Article Title||Praesumplio credit Veritali (A presumption yields to the truth): the death-knell for presumptions in our criminal law?|
|© Publisher:||Criminological and Victimological Society of Southern Africa (CRIMSA)|
|Journal||Acta Criminologica: Southern African Journal of Criminology|
|Affiliations||1 Anglo American Corporation, Johannesburg|
|Publication Date||Jan 1995|
|Pages||63 - 67|
|Keyword(s)||Age groups of children, Balance of probabilities, Challenge evidence, Consenting to sexual intercourse, Fundamental rights, Incapable of criminal conduct, Irrebuttable presumptions, Presumed innocent until proven guilty, Rebuttable presumptions and Right to fair trial|
A legal presumption, broadly speaking, may be descriptionbed as one of the four ways in which facts can be proved without evidence (as a matter of interest, the other three are formal admissions, judicial notice and incriminating statements made by an accused during explanation of plea). A presumption is thus the supposition made by a court of law which is usually based on the strength qf evidence which put the presumption into operation.
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