Chapter 8: Selected issues in the Law of Evidence Flashcards
What is the Woolmington principal?
The fundamental principle in criminal law is the presumption of innocence known as the Woolmington Principle.
The principal establishes that, subject to specific Statutory exemptions, the burden of proof lies clearly with the prosecution in relation to all of the elements of the offence
The principle is regarded as a fundamental tenet of the criminal law.
What is the fundamental principle in criminal law
The presumption of innocence no one is the Woolmington principal
What is the evidential burden on the defence
Self defence cannot be left to the jury or considered by the judge unless it is been made a ‘live issue’ by the defence. However, once it has made a ‘live issue’, it is then up to the prosecution to destroy the evidence, as they retain the Burden of proof
What is always the ultimate question for the jury?
has the prosecution proved its case?
What are the exemptions to the Woolmington Principle
Defence of insanity.
And where there exists specific statutory exemptions.
Law has developed in such a way as to include offences where Woolmington does not apply.
These are known as public welfare regulatory offences.
What is the purpose of public welfare regulatory offences
The purpose is to regulate every day conduct having a tendency to endanger the public or sections of the public, Rather than to punish individuals for immoral or otherwise blameworthy conduct (examples maritime, and aviation safety)
In these cases the courts have developed a no-fault defence, with a burden of proof on the defendant.
Where a legal burden is on the prosecution they must prove the offence ‘beyond reasonable doubt’.
Any element which the defence bears the burden of proving need only be proved on the what?
Balance of probabilities
Beyond reasonable doubt means
At the end of the case, you are sure the accused is guilty
It is Not enough for the crown to persuade you that the accused is probably guilty or even that he or she is very likely guilty
What is reasonable doubt
A reasonable doubt is an honest and reasonable uncertainty left in your mind about the guilt of the accused after you’ve given careful and impartial consideration to all of the evidence.
What is balance of probabilities
Where the defence is required to prove a particular element such as insanity on the balance of probabilities, it must simply show that it is ‘more probable than not’
Can one witness testimony unsupported by any other evidence be sufficient proof case
Yes. Where a court is satisfied that it is reliable and accurate and provides proof to the required standard.
It does not always follow that the court will act upon the evidence of one witness, it simply means that it may do so when sufficiently satisfied as to its cogency.
What are two types of offences that must have corroboration evidence
Perjury and related offences, and treason
Does the judge have to warn Jury’s about relying on uncorroborated evidence.
There is no requirement for either a general warning to the jury about the dangers of relying on uncorroborated evidence, or direction relating to the absence of corroboration.
However, for perjury and treason the judge may warn the jury about unreliable evidence, if the judge is of the opinion that Inc evidence may be unreliable, he or she may warn the jury of the need for caution.
For some types of evidence, such as hearsay evidence the judge must consider whether to give such a warning at jury trials.
Section 125 prohibits a corroboration warning in cases involving child complainant‘s where the warning would not have been given had the complainant been an adult.
Why are there restrictions on both visual and voice identification evidence
These restrictions are a reflection of the inherent unreliability of both eye witness and ear witness identification. Our memories are prone to incompleteness, distortion and forgetfulness.
