Chapter 8: Selected Issues Law of evidence Flashcards
What is the “Woolmington Principle”?
The burden of proof lies clearly with the prosecution in relation to all elements of the offence
- presumption of innocence
What are exceptions to the woolmington principle?
- insanity (burden of proof is on defendant).
- public welfare regulatory offences
What is the legal burden for the prosecution?
Beyond reasonable doubt
What is the standard of proof for the defence?
On the balance of probabilities
What is proof beyond reasonable doubt??
R v Wanhalla
Proof beyond reasonable doubt is a very high standard, which the crown will only have met, if at the end of the case, the jury is sure that the defendant is guilty.
What is the balance of probabilities?
More probable than not
Corroboration s121
Witness statement
Unsupported by other evidence
Will suffice to prove a case
Where the court is satisfied that
it is reliable and accurate and provides proof to the required standard.
*does not mean that the court WILL act on it - means they may do
What two offences require Corroboration?
- perjury and related offences
- treason
Corroboration (independent evidence which implicates the defendant) IS required.
S125 (1) Evidence Act 2006
Prohibits a judge from giving a corroboration warning
in cases involving a child -
where the warning would not have been given
had the complainant been an adult.
What is the definition of visual identification evidence as defined in the Evidence Act 2006?
An assertion by a person
Based wholly or partly on what the person saw
To the effect that a defendant was present
At or near a place
Where an act constituting direct or circumstantial evidence of the commission of an offence
Was done at - or about the time - the act was done
OR
An account (whether oral or in writing) of an assertion of the kind described above.
Formal procedure for visual identification
S45 Evidence Act 2006
1) observed as soon as possible after the alleged offence
2) suspect is compared to no fewer than 7 other persons who are similar in appearance
3) no indication is given to the person making the ID - who the suspect is
4) person making the ID is informed that suspect may or may not be among the persons in the procedure
5) written record of the procedure is followed and sworn by officer completing procedure
Reasons for not following formal procedure in visual identification evidence:
1) refusal of suspect to take part
2) singular appearance of suspect
3) substantial change in appearance
4) no officer involved in investigation could anticipate identification would be an issue at trial
5) identification made to an officer ASAP after offence
6) chance meeting between person who made ID & offender
How many ppl are required in a photo line up?
No fewer than 7
Suspect must be compared to no fewer than 7 other persons who are similar in appearance
Is visual identification evidence admissible?
Visual identification evidence IS admissible (if the formal procedure is followed)
Unless the defendant proves on the balance of probabilities that it is unreliable
Is it only police who can conduct the visual identification formal procedure?
No.
Can be conducted by “officers of enforcement agency” which includes agencies other than police.
