Chapter one: Law of evidence and proof Flashcards
that is the Woolmington principle?
Subject to stat exceptions
The burden of proof lies clearly with the prosecution in relation to all of the elements of the offence
What does having evidential burden mean?
A defence cannot be left to the jury or judge unless it has been made a live issue by the defence.
what if something is made a live issue?
The prosecution must destroy the defence because the burden of proof remains with prosecution
Exceptions to the Woolmington principle (in which the legal burden of proof is placed on the defendant)
- insanity
- public welfare regulatory offence
- certain offences of exception e.g. 202A 4)b) possession of offensive weapon
Discharging burden of proo
Where the legal burden is on the prosecution it must be discharged beyond reasonable doubt. Any element where the defence bears the burden only need proving on the balance of probabilities
What did R v Wanhalla find in relation to “reasonable doubt”
An honest and reasonable uncertainty left in your mind about the guilt of the defendant after you have given careful and impartial consideration to all of the evidence
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. If the probabilities are equal, the burden is not discharged.
What do the rules of evidence determine?
The form and the means evidence may be presented to the court.
They are to be found both in specific stat provisions and in case law.
n a proceeding, evidence may be given in the following ways
• − the ordinary way
• − the alternative way such as by video link
• − any other way provided for by the Evidence Act 2006 or any other
enactment.
What was held in Woolmington v DPP
it was held that the prosecution has a duty to prove the prisoner’s guilt, subject to the defence of insanity and subject to any statutory exception. The burden of proof lies clearly with the prosecution in relation to all of the elements of the offence.
Explain the difference between the terms “beyond reasonable doubt” and on the “balance of probabilities”.
Beyond reasonable doubt is the standard of proof required for the Prosecution to prove its case. It means that jurors must be satisfied of guilt before they can convict.
Balance of probabilities is the standard of proof required for the defence to prove a particular element of its case. It means it must carry a reasonable degree of probability, but not so high as is required in a criminal case. If the evidence is such that the tribunal can say: “We think it more probable than not”, the burden is discharged; if the probabilities are equal, the burden is not discharged.
