BURDEN OF PROOF - SHORT ANSWERS

Question 1

The Woolmington principle - (This principle establishes that…)

Answer 1

This principle 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.

Question 2

In regards to the Woolmington principle - the burden of proof lies with the prosecution. If the prosecution proves facts, what must the defendant produce?

Answer 2

If the prosecution proves facts from which it can be concluded that the defendant committed the act, with the requisite mental element, then the defendant has to produce some story or evidence if he or she wants to suggest the conclusion is wrong.

Question 3

What are the 3 exceptions to the Woolmington principle, where the burden of proof is placed on the defendant?

Answer 3

• Defence of insanity (Section 23(1) CA61)
• Specific statutory exceptions exist (offensive weapon… in circumstances that prima facie show an intention to use it to commit an offence involving bodily injury… and then provides a defence where the defendant can prove the absence of any such intent
• Public welfare regulatory offence, or strict liability offence (proves actus reus only)

Question 4

Level of proof for prosecution and defence. What are the levels of proof required for each?

Answer 4

Prosecution - discharged beyond reasonable doubt.

Defence - need only be proved on the balance of probabilities.