HS L3 - Burden and Standard of Proof and Presumption of Innocence

Question 1

Burden of proof - definition

Answer 1

• A burden of proof is a requirement within the legal system that places responsibility on one party to prove the facts of the case

Question 2

Burden of proof - reversed

Answer 2

• There are some instances where the burden is reversed
  
  • If the accused’s defence for their actions is mental impairment
  • Possession of an illegal substance on their property and cannot demonstrate to the court on the contrary

Question 3

Standard of proof - definition

Answer 3

• This refers to the level of proof or the certainty or strength of evidence required to prove the case

Question 4

Standard of proof (criminal) - beyond a reasonable doubt

Answer 4

• This does not mean that no doubt can exist at all, but rather that no reasonable doubt is possible by the evidence presented or no other logical or reasonable conclusion can be drawn

Question 5

Presumption of innocence - definition

Answer 5

• A key principle within the criminal justice system, whereby a person who has been accused of a crime must be presumed innocent until proven otherwise

Question 6

Presumption of innocence - legislation

Answer 6

• Can be found under Section 25 in the Charter of Rights and Responsibilities Act 2006 (Vic)

Question 7

Presumption of innocence - upheld how?

Answer 7

• The right to silence (an accused person does not have the obligation to answer any questions other than name or address)
• The accused can apply for bail, which is normally granted unless the Magistrate is convinced that they will flee, or be a danger to the community or themselves
• For indictable offences, the prosecution must go through committals to demonstrate that there is sufficient evidence to proceed to trial
• Prior convictions cannot be revealed until sentencing
• An offender has the right to appeal a wrongful conviction

Question 8

Presumption of innocence - not upheld how?

Answer 8

• Appeals can be refused or very costly and time consuming
• Bail may not be granted, and the offender could be held in remand