Burden and Standard of proof

Question 1

Under Woolmington v DPP [1935] AC 463, Which party and which type of burden must be proved to show the guilt of defendant?

Answer 1

Prosecution has the legal burden

Question 2

True or false: Where the Defendant is pleading guilty and is not putting forward a defence, the defence has a legal and evidential burden to prove anything?

Answer 2

FALSE: the defence has neither a legal nor evidential burden to prove anything.

Question 3

What the exceptions to the Woolmington rule?

Answer 3

Reverse Burden Clause at common law
Express Statutory Reverse Burden Clauses

Question 4

what is the standard of proof?

Answer 4

Where the legal burden falls on either the prosecution or defence, the evidence presented to support the fact must have the necessary degree of persuasiveness to convince the court.

Question 5

What is the standard of proof the prosecution must prove?

Answer 5

the legal burden of proving a fact in issue, the standard of proof is ‘beyond a reasonable doubt’

Question 6

What is the legal burden/ standard of proof of the defence?

Answer 6

the balance of probabilities

Question 7

How can the evidential burden be discharged?

Answer 7

Calling witnesses to give oral evidence
tendering documentary evidence
showing photographs or video evidence
producing items of real evidence
producing expert opinion evidence to prove