Burden Of Proof Flashcards
What is the Woolmington Principle
The Woolmington principle is based on the presumption of innocence principle. It establishes that, subject to specific statutory exceptions, THE BURDEN OF PROOF LIES CLEARLY WITH THE PROSECUTION IN RELATION TO ALL OF THE ELEMENTS OF THE OFFENCE.
Though prosecution has the obligation to prove the offence beyond reasonable doubt that does not mean that the define need not put any case forward. Defence will have a practical obligation to put a case forward.
Define Practical obligation on the defence.
If elements are proven with the requisite mental element, then the defendant must produce some story or evidence if they want to suggest the conclusion is wrong. This is not burden of proof because the defendant does not have to prove anything. It is simply a practical obligation to point ot some evidence that suggests a reasonable doubt about the conclusion drawn from the prosecutions.
Discuss a Live Issue
Having an evidential burden means that a defence cannot be left to the jury or the judge unless it has been made a live issue by the defence. It is not a burden of proof, and once it is made a ‘live issue’ then the prosecution must destroy the defence, because the burden of proof remains where that case puts it – with the prosecution. The ultimate question for the jury is always, “has the prosecution proved its case?”
What is an example to an exception to the Woolmington principle?
The most common exception to the Woolmington principle where the burden of proof is placed on the defendant is the defence of insanity. S23(1) CA61.
What is an example where the Woolmington principle does not apply?
Theses are known as public welfare regulatory offence. These are based on such offences where once the prosecution has proved the actus reus there is no further need to prove mens rea and the burden passes to the defendant to prove total absence of fault as a defence. These are also known as STRICT LIABILITY offences which sit outside the Woolmington principle.
Define Discharging burden of proof
In general, where the legal burden is on the prosecution it must be discharged “beyond reasonable doubt”. Any element which the defence bears the burden of proving need only be proved on the “balance of probabilities”
