1. Law of Evidence and Proof - Progress Test 1

Question 1

on

What are facts in issue?

Must Know

Answer 1

Facts in issue are those which the prosecution must prove in order to establish the elements of the offence, or those which the defendant must prove in order to succeed with a defence in respect of which, he or she carries the burden of proof

Question 2

What was held in Woolmington v DPP [1935] AC 462?

Must Know

Answer 2

In the case of Woolmington v Director of Public Prosecutions, it was held that the prosecution has a duty to prove the prisoner’s guilt, subject to the defence of insanity and subject to any statutory exception. The burden of proof lies clearly with the prosecution in relation to all of the elements of the offence.

Question 3

Explain the difference between the terms “beyond reasonable doubt” and on the “balance of
probabilities”.

Must Know

Answer 3

1. Beyond reasonable doubt is the standard of proof required for the Prosecution to prove its
   case. It means that jurors must be satisfied of guilt before they can convict.
2. Balance of probabilities is the standard of proof required for the defence to prove a particular
   element of its case. It means it must carry a reasonable degree of probability, but not so high
   as is required in a criminal case. If the evidence is such that the tribunal can say: “We think it more probable than not”, the burden is discharged; if the probabilities are equal, the burden is not discharged.