Burden and Standard of Proof

Question 1

What is the Woolmington Principle?

- 1 Point

Answer 1

The P bears the LEGAL burden of proving guilt because they are the ones asserting that the D is guilty of an offence.

Note: Whoever has the LEGAL burden has the EVIDENTIAL burden

Question 2

What does having the LEGAL burden mean?

- 1 Point

Answer 2

Means having to prove and disprove (raised by D’s Defence) all FACTS IN ISSUE

Question 3

Are ADMISSIONS considered to be Facts in Issue?

- 1 Point

Answer 3

No

Question 4

How are ADMISSIONS taken?

- 1 Point

Answer 4

They are RECORDED and SIGNED

Question 5

What is the TEST for RELEVANCE?

- 1 Point

Answer 5

Must be DIRECTLY/INDIRECTLY relevant to the Fact in Issue

Question 6

Who decides RELEVANCE, WEIGHT and ADMISSIBILITY?

- 2 Points

Answer 6

• The JUDGE decides RELEVANCE and ADMISSIBILITY

- The JURY decides WEIGHT

Question 7

What is the STANDARD of PROOF for P and how should the jury be directed?

( - 2 Points )

Answer 7

• BEYOND REASONABLE DOUBT

- Direction to jury should be that they MUST be SATISFIED SO THAT THEY FEEL SURE.

Question 8

What are the EXCEPTIONS to the WOOLMINGTON PRINCIPLE?
(Meaning when will D bear the legal burden instead of P?)

( - 3 Points )

Answer 8

• Common law exception - INSANITY
• Express Statutory exceptions
• Implied Statutory exceptions

NOTE:
Even if an exception exists, D may choose not to rely on that defence to avoid legal burden.

Question 9

What is the STANDARD of PROOF for D?

- 1 Point

Answer 9

• Balance of PROBABILITY

means more PROBABLE than not

Question 10

What are examples of Express Statutory Exceptions to the Woolmington Principle?

( - 2 Points )

Answer 10

• Diminished Responsibility
• Reasonable excuse or Lawful authority for carrying an offensive weapon

NOTE:
This is where the statute expressly places legal burden on the D

Question 11

What are Implied Statutory Exceptions to the Woolmington Principle?

( - 3 Points )

Answer 11

These exist where statute prohibits a type of conduct BUT permits it:

• In specified CIRCUMSTANCES
• by a specified CLASS or PERSON
• by a person granted LICENCE or PERMISSION

Question 12

What happens when the D raises new facts in issue as part of his defence (which is not an exception to the Woolmington Principle?)

( - 1 Point )

Answer 12

• D bears evidential burden in relation to the new fact in issue raised by him.

NOTE:

• D needs to establish a PRIMA FACIE case to discharge this burden
• If this burden is discharged, P will bear the LEGAL burden to DISPROVE it beyond reasonable doubt

Question 13

What is a SIMPLE DENIAL of the P case?

- 1 Point

Answer 13

Where a defence merely amounts to a DENIAL, it does not RAISE A FACT IN ISSUE

Question 14

What is the PRESUMPTION in relation to D?

- 1 Point

Answer 14

everyone charged with a criminal offence shall be PRESUMED INNOCENT UNTIL PROVEN GUILTY ACCORDING TO THE LAW

Question 15

By the close of the case the P must have established all facts in issue for which they have the legal burden of proof. If they fail there will be no case to answer for the D.
What TEST is used to determine this?

( - 2 Point )

Answer 15

GALBRAITH TEST

• If there is NO EVIDENCE that the crime alleged was committed by the D
• Judge decides that P evidence TAKEN AT ITS HIGHEST is such that a JURY PROPERLY DIRECTED COULD NOT PROPERLY CONVICT UPON IT.

it becomes the duty of the judge to STOP the case

Question 16

Who bares the burden in the situation where Admissibility of evidence depends on a question of fact?

( - 1 Point )

Answer 16

The party tendering the evidence bears the burden

• For P = beyond reasonable doubt
• For D = on the balance of probabilities

Question 17

What is the 3 Stage test in Lambert to test whether REVERSE ONUS breaches ECHR?

( - 3 Point )

Answer 17

• Is there an INTERFERENCE with ECHR Article 6(2) (presumption of innocence)
• is there an OBJECTIVE JUSTIFICATION for the interference?
• is it PROPORTIONATE?