Law of evidence and proof Flashcards
*What is the Woolmington principle?
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This principle establishes that, subject to specific statutory exceptions, the burden of proof lies clearly with the prosecution in relation to all of the elements of the offence.
*Explain evidential burden in regards to a defence being a live issue
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Having an evidential burden means that a defence cannot be left to the jury or the judge unless it has been made a live issue by the defence. It is not a burden of proof, and once it is made a ‘live issue’ then the prosecution must destroy the defence, because the burden of proof remains where that case puts it – with the prosecution. The ultimate question for the jury is always, “has the prosecution proved its case?”
What are the exceptions to the Woolmington principle?
• Insanity
• Public welfare regulatory offence
• Specific statutory exception
There are exceptions to the Woolmington principle in which the legal burden of proof is placed on the defendant. The most common example is the defence of insanity (s23(1) CA 1961).
Furthermore, the principle can be overridden by Parliament by express statutory exceptions. The law includes offences where Woolmington does not apply – these are known as public welfare regulatory offences.
**Explain discharging burden of proof
In general, where the legal burden is on the prosecution it must be discharged “beyond reasonable doubt”. Any element which the defence bears the burden of proving need only be proved on the “balance of probabilities”.
Prosecution- Beyond reasonable doubt
Defence- Balance of probabilities
** Explain beyond reasonable doubt
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The courts have not provided any precise definition of the meaning of “beyond reasonable doubt”.
R v Wanhallaa reasonable doubt is “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” .
*Explain 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.
