Chapter 8 - Evidence

Question 1

Burden of proof

Answer 1

Known as the ‘Woolmington Principle’.

subject to specific statutory exceptions, the burden of proof lies with the prosecution.

Question 2

Visual ID admissibility - formal procedure

Answer 2

ID obtained by way of formal procedure will be admissible unless proven by the defendant on the balance of probabilities that it is unreliable.

Question 3

Evidence Act s121 - Corroboration

Answer 3

Where a single persons evidence is considered accurate and provides proof to the required standard it will suffice to prove the case.

Perjury and treason - one persons evidence is not sufficient to support a conviction. In these cases the judge can warn the jury.

Question 4

Proof beyond reasonable doubt

Answer 4

A high standard of proof.

A reasonable doubt is an honest and reasonable uncertainty left in your mind about the guilt of the accused after given careful/impartial consideration to all the evidence.

Question 5

Balance of probabilities

Answer 5

It is more probable than not.

Question 6

Visual ID admissibility - no formal procedure

Answer 6

Unless there is good reason to have not followed a formal procedure - any ID obtained will not be admissible.

Question 7

Voice ID

Answer 7

Inadmissible unless the prosecution proves on the balance of probabilities that the circumstances in which the ID was made produced a reliable ID.