1. Law Of Evidence And Proof

Question 1

Burden of proof.
Woolmington principle: Presumption of innocence

Answer 1

Principle establish that subject to specific statutory exceptions, the burden of proof lies clearly with the prosecution in relations to all of the elements of the offence

Question 2

Standard of Proof

Beyond reasonable doubt

Answer 2

R v Wanhalla
An honest and reasonable uncertainly left in your mind about the guilty of the defence after you have given careful and impartial consideration to all of the evidence

Question 3

What does the crown need to prove ?

Answer 3

Accused is guilty beyond reasonable doubt

Question 4

Balance of Probabilities

Answer 4

It must show that it is more probable than not.
If the probabilities are equal, the burden is not discharged.

Question 5

Burden of proof lies with prosecution except

Answer 5

• Defence claim insanity
• Offence is a public welfare regulatory offender
• Specific statutory exceptions exist