"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
