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Lehrmann defamation trial judgement today, page-406

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16/04/24

08:19

Post #: 73359719
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Originally posted by raiderup ↑

"
Why then make the judgement he raped her???"........

Lee has just hung a guy BUT he isn't sure...... surely this is 100% Wrong"

The 1930 case of Briginshaw v Briginshaw, established two very important considerations for use in assisting decision-makers in determining what succeeds or fails in reaching this standard of proof. These are that a decision-maker must be satisfied of the matters before it on the balance of probabilities both:

to a comfortable degree; and

based on very clear and cogent evidence

However, it should be noted that courts have often warned against a strict mathematical approach.
Raider

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evidence

what evidence
was presented..?
6 Upvote

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