Facts in Issue Overview
‘A fact in issue’ is a fact which is to be determined as a matter of substantive law (the elements of the offence or the cause of action). Thus, ‘a fact in issue’ has been described as ‘the ultimate fact in issue’, behind which issue ‘there will often be many issues about facts relevant to the facts in issue’ (Smith v R (2001) 206 CLR 650; [2001] HCA 50).
Evidence will not be relevant if the only issue to which it relates is a question of law. However, a court may receive expert evidence when determining whether particular words or phrases have any specialised meaning and, if so, what that meaning is.
A fact in issue is that fact, which fundamentally affects the dispute before the court.
The facts in issue would often be that thing over which both parties disagree or which one party (prosecution) is expected to prove to the court. The resolution of that thing which the parties disagree over would then, in effect, end the dispute. This is why facts in issue fundamentally affect the dispute.
Facts in issue are the cornerstone of any dispute. They determine what the court has to resolve and as such, must be proved by the party who has the burden of proving them. If that party fails to prove those facts at all or fails to prove them satisfactorily, his chances of succeeding in the case before the court would be very slim.
Example
‘A’ is accused of the murder of ‘B’.
At his trial the following facts may be in issue:—
That A caused B’s death;
That A intended to cause B’s death;
That A at the time of doing the act which caused B’s death, was, by reason of unsoundness of mind, incapable of knowing its nature.
Relevant fact
The word ‘relevant’ has two meanings. In one sense, it means “connected” and another sense “admissible”. One fact is said to be relevant to another when the one is connected with the other, in any of the way referred to in the provisions of the Evidence Act relating to the relevancy of facts
Relevant Evidence
In deciding whether evidence is relevant, the trial judge is neither required nor permitted to make any assessment of whether the jury would or might accept that evidence, but must proceed on the assumption that it will be accepted: Adam v The Queen (2001) 207 CLR 96 at [22], [60]; R v Shamouil (2006) 66 NSWLR 228 at [60]–[62].
It is suggested that the same assumption should be made where the judge is also the tribunal of fact.
The test of relevance — that the evidence could rationally affect (directly or indirectly) the assessment of the existence of a fact in issue in the proceeding — directs attention to the capability rather than the weight of the evidence to perform that task, but the issues of credibility or reliability may be such in the particular case that it is possible for the judge to rule that it would not be open to the jury to conclude that the evidence could perform that task: R v Shamouil at [62]–[63]; DSJ v R (2012) 215 A Crim R 349 at [8], [53]–[56].
Criminal Lawyers
Lamont Law specialise in criminal law.
If you have been charged with a criminal offence, you need expert legal advice.
Call us anytime on 1300 365 075 to book a free initial consultation.
Our lawyers have a proven track record of excellence.
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Why Choose Lamont Law
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Excellent Record of Success
Our lawyers at Lamont Law specialise in criminal law and we will expertly guide you through the criminal justice system. We will ensure that you receive the strongest representation and we are determined to protect your rights. Our lawyers have a proven track record of excellence.
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Highest Level of Service
We pride ourselves on providing expert legal advice and the highest level of service. All of our staff members are exceptionally friendly. You will be consulted consistently throughout the process and we will answer any and all of the legal questions which you may have. Our experienced team of criminal and traffic defence lawyers regularly appear in Local and District Courts across New South Wales in a variety of different matters. We have a high level of success rate and hundreds of positive online reviews.
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Local Professionals in your Community
Our lawyers appear in court everyday. We are familiar with local court magistrates. We know how to prepare your matter to obtain the best possible outcome.
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All Courts
Our experienced team of criminal and traffic defence lawyers regularly appear in Local and District Courts across New South Wales.
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Flexible Initial Conference Options
We provide flexible conference options over the phone, video or in person at our office locations across Sydney, the Hunter Region, the North Coast and the Central Coast.
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We provide affordable fixed fees and payment plans for several kinds of matters. Call us now for a free and no obligation discussion.
What Our Clients Say
Joanna Pasternak represented me today. She is very knowledgeable and professional. Great outcome. Time to get on with the rest of my life.
Jelena an Amazing Lawyer Experienced and understanding I could not be happier after leaving the court today. Thank You Kindly to You Jelena and Your Team.God Bless.
Jelena is the best and very professional and very easy to work with and talk to. I done exactly what I was asked and I was lucky enough to walk out with no conviction thanks to jelena. I couldn’t be happier. If I went this alone without Jelena, I had no chance of getting that outcome that’s a fact As the old saying goes, You get what you pay for Thank you again Forever grateful
I’d like to thank Jelena and Lamont Lawyers for all your help, I couldn’t have done it with out you! I greatly appreciate it. Thank you very much.
I would like to thank Jenela Dobric, for being such a superb solicitor in attending to my case. I would like to thank Jenela and Kristina for the work they did on my case. I would recommend Lamont Lawyers to anyone. Try to get Jenela Dobric. Her dedication is 2nd to none. Jenela is understanding and gives great guidance when it is required. I cannot thank Jenela enough, for getting the outcome the was achieved. Thank you, Charles Hudson
I had a very positive experience with Joanna Pasternak representing my domestic violence matter. She was kind, friendly, supportive, and she took the time to hear my version of events. It was obvious that after our consultation, she was willing to do everything she could to get the best possible outcome for me, in which she was able to get my charges withdrawn before a hearing. This has saved me a lot of time and stress knowing that the matter has been resolved, and that I can get on with my life. I highly recommend having Joanna represent anyone who needs legal assistance with domestic violence matters. Thank you so much Joanna it was lovely meeting you. All the best.
Joanna knew exactly what was relevant and efficiently navigated through complex matters to simplify the process, which ended up with a quick solution. Money well spent and hassle free.
I had the misfortune of having the need for representation in court and used Lamont Lawyers. Jelena represented me. She gave me sound advice which prepared me for the hearing and while there wasn’t much more she could have added, she spoke on my behalf calmly and professionally which I believe helped. Following Jelena’s advice, I did not record a conviction. I hope I don’t need her services again, but would not hesitate to engage her and Lamont Lawyers again. Thank you Jelena.
Jelena and Joanna recently assisted my son with a criminal matter. They provided excellent support and advice. Thank you for ensuring a good outcome.
Thank you Jelena for helping me get my license back I’m very happy now I rate you more then 5 stars 😊
Jelena was incredibly helpful with her advice and directions on my legal matter. The relief I feel right now . I can move on to the next step of the process with confidence. I thank you for the reassurance you gave to me. Chris Hawkins
Would like to thank Jelena, she was very professional and made me feel comfortable with the court process, Very happy with my outcome. Would highly recommend this law firm.
Jelena Dobric was absolutely amazing. I can’t thank her enough, she went above and beyond for me to help me achieve an extraordinary outcome in my traffic matter with her astute diligence. An outcome I didn’t even think would be possible. I’m so truly grateful and appreciate all the hard work, I couldn’t have asked for a better lawyer. Jelena is extremely professional, compassionate and amicable. She guided me through the whole process with expert legal advice from start to finish and ensured I understood everything efficiently. It made me feel relaxed and at ease during a very stressful time for me. I would definitely highly recommend Jelena and the Lamont Law legal services to anyone in need. She would be my first choice if I need any representation in the future. It was a pleasure to meet and work with Jelena.
I had a very positive experience with Jelena who was very professional, and went above and beyond to ensure I had received the best possible outcome. Couldn’t have asked for better.
I had a very positive experience with Jelena who was very professional, and went above and beyond to ensure I had received the best possible outcome. Couldn’t have asked for better.
I had a very positive experience with Jelena who was very professional, and went above and beyond to ensure I had received the best possible outcome. Couldn’t have asked for better.
Couldn’t be happier with the outcome Jelena worked hard to attain for myself. She went above and beyond to provide a service that left me feeling confident in my decision in hiring her. Her high work ethic and dedication to her career was shown multiple times. I would highly recommend anyone who needs a confident solicitor who gets results to reach out and speak to Jelena.
I had a very positive experience with Jelena representing me, she was very calm and assuring. I had the best outcome possible for my case and her guidance and assurance was crucial to that. Even if the court had not ruled in my favour I feel that I was still well represented. She went above and beyond to ensure I was informed and comfortable. I could not recommend her highly enough.
Recently found myself in need of a lawyer. Contacted Lamont Lawyers, Jelena was excellent. Very thorough & professional. Secured a great outcome. Wouldn’t hesitate to use their expertise again. Many thanks..!
I was represented by Jelena for a very difficult appeal for a speeding offence. I set my expectations very low given the seriousness of my offence but Jelena provided accurate, meticulous and measured advice on the best approach for my licence appeal. I am happy to say that I can drive again after successfully appealing a 6 month suspension and life can go back to normal. 100% recommend Jelena and Lamont for their dedication and professionalism throughout the process.
Rosie handled my matter excellently, her legal advice was excellent and she was so easy to discuss matters with, as well as keeping cost and time minimal. I’m extremely happy with the service provided.
Absolutely amazing when I needed help with a matter and phone service when asking advice
I highly recommend Jelena Dobric. She is lovely to speak with, very professional and achieved the outcome I was hoping for. I could not have asked for a better lawyer in what was a very stressful time for myself and my family.
I would like to thank Jelena Dobric for her response on my case and getting a positive outcome. She was extremely professional and helpful. Would highly recommend.
Joanna was very Professional dealing with my case. She provide all the information with all the possible outcomes. Always ready to help me with the case. Highly recommended as you will not find anyone like her to Represent you in your court matter. Thank you so much Joanna for your time. It was lovely meeting you ??
Outstanding Service, Lamont Lawyers went above and beyond. Outcome was very pleasing, my matter was dismissed. They Always rang me when they said they would, and followed it up ,they took time to hear my side of the story without rushing me. I suffer from Anxiety and was extremely nervous about going to court for the first time. Joanna really helped by being friendly and professional, just to have people with experience on my side was brilliant. Can’t thank Joanna enough.
Rosie from Lamont Law went above and beyond for me in this traffic matter. As it was all new to me she guided me through the process and achieved a much better outcome than I was expecting. Would Highly Recommend.
Alex was professional, compassionate, informative & efficient throughout our case. He was honest & direct but also sincere. We felt confident and calm knowing that Alex would do his very best on our behalf, in and out of court, and that he really knew what he was doing to get the best possible outcome for us. Thank you Alex, we really appreciated having you on our team. We are truly grateful ???
Jelena Dobric Helped with traffic law and represented at the court on the day. She was well prepared and helped me with everything from day1. I had positive outcome at the court I highly recommend Jelena.
I was so lucky that I got Rosie Philips as my solicitor.I am extremely happy that I received no conviction for my appeal.Thanks again to Rosie who is extremely good in her profession.Would highly recommend to any one.
I would like to say a big thank you to Jelena Dobric who is one of Lamont Law professional solicitors. Her responsive action in traffic law helped me get a positive outcome in my case. I highly recommend her with regards to her expertise & insightful knowledge in traffic law.! Jelena was diligent with communication & could not have asked for a more professional person. Once again thank you.
Alex was great. With my initial email enquiry he got back to me immediately. Jelena took my case. She is nothing short of Professional and Cleary respected my the court and the Magistrate assigned on my day at Court. Jelena was always available, gave me all the information and tools I needed and got the me the best possible outcome regarding my situation. Jelena was so caring and friendly and Non judgemental. I can’t thank her enough. Especially ladies looking for a caring and understanding solicitor , please look no further than Jelena. Alex, jelena is a huge asset to your business . Thank you so much.
My deepest thanks to Rosie Phillips for helping me through the most stressful time of my life and for saving my career. I couldn’t have done any of this without her knowledge and skill. I highly recommend Rosie for anyone in need of a professional and first-class solicitor. 5 stars!
I would like to say a very Big Thank you to Jelena at Lamont Lawyers. She has been incredible to work with as our family lawyer, she handled my brothers matter with such great Professionalism and care. Jelena was responsive to all my emails and provided great advise. She clarified any queries I had & really went above, by keeping me up to date in all correspondence with other parties. As a result we achieved the outcome we were hoping for. It was such a pleasure to work with her! & I Truly wish her all the best in her future endeavours.
I would like to say a very Big Thank you to Jelena at Lamont Lawyers. She has been incredible to work with as our family lawyer, she handled my brothers matter with such great Professionalism and care. Jelena was responsive to all my emails and provided great advise. She clarified any queries I had & really went above, by keeping me up to date in all correspondence with other parties. As a result we achieved the outcome we were hoping for. It was such a pleasure to work with her! & I Truly wish her all the best in her future endeavours.
“The relief I feel is today is palpable, so many thanks to Lamont Lawyers and in particularly Jelena Dobric who was a delight to work with. Jelena was very clear and very helpful with all aspects of my case. She was wonderful with the magistrate, keeping the plea going until the end to achieve a no conviction result.” Geoffrey S
We had the best outcome and excellent experience with Alex and Jelena…..they achieved a brilliant outcome with Alex ‘s representation in court so professional and highest legal performance… thankyou again for all your help for our family ?
Attention to detail from Alex resulted in the best possible outcome.Highly recommended.
Very professional and understanding. Wouldn’t hesitate to contact them again if I ever need it. Thank you very much!
We couldn’t be happier with the work Alex and Lamont Lawyers did on our behalf. The professionalism but importantly the flexibility and understanding that was shown was outstanding and exceed my expectations. I am pleased to recommend Lamont Lawyers.
I would like to extend my heartfelt gratitude to Rosie Philips for handling my daughter’s case with so much professionalism and compassion. We could not have gone thru such a traumatic legal situation like this unscathed without you. During the whole process you took time to explain matters to us patiently with a lot of empathy and sensitivity. Comforting us with your calming and soothing words and at the same time managing realistic expectations of case outcome. You gave us strength when we had lost ours. You gave us hope when we were crushed and devastated. And you were always, always there – responsive to our emails and text messages and accessible by phone when we needed you. With your expert legal knowledge, skill and diligence you brought a favourable end to our case. We are very, very happy with the outcome of the court decision. No conviction and no suspension. My daughter still has a bright future ahead of her – thanks to you. I will highly recommend you to my family and friends. R M Devi
Very happy with the services provided by Alex Angel-Graham ! Delivered the best possible outcome in only very little time! Thanks alot Alex and Lamont Law ! ??
