1 - Law Of Evidence & Proof Flashcards
Wilmington Principle:
The burden of proof lies clearly with the prosecution in relation to all elements of the offence .
Subject to specific statutory exceptions (defence of insanity, Offensive Weapon prima facie 202A(4)(b)
When may the Woolmington principle not apply:
Public welfare offence, ‘strict liability’ offences. Purpose = to regulate day to day behaviour. Prosecution needs only to prove the actus Reus. (Eg sexual conduct with a child)
Beyond reasonable doubt - prosecution standard of proof.
Reasonable doubt - R V WANGALLA definition:
An honest and reasonable uncertainty left in your mind about the guilt of the defendant after you have given careful and impartial consideration to all the evidence
Defence standard of proof:
Balance of probabilities
Practical obligation on defence:
Where prosecution proved facts from which it can be concluded D committed the act with the required mental element:
The Defendant has to produce a story to suggest the conclusion was wrong. This is not a burden of proof - D does not have to prove anything.
Applies when D wants to say they didn’t do the act or didn’t have the mental intent.
Not a practical defence to the charge.
Evidential Burden on Defence:
Defence may wish to put up a defence to the charge eg self defence, once basic elements have been proven.
Where Defendant wishes to put up a defence to the charge. It is not just a practical obligation. Rather there is an evidential burden on the defendant.
Defence - live issue:
Having an evidential burden means that the defence cannot be left to the jury or the judge unless it has been a made a live issue by the defence it is not a burden of proof and once it is made a live issue in the prosecution must destroy the defence because the burden of proof remains that with the prosecution
