Law of Evidence and Proof Flashcards
What is the Wollmington principle?
The fundament principle in criminal law is the presumption of inncocence. 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.
What is ment by a practical obligation on the defence?
It is simply a practical obligation to point to some evidence that suggests a reasonable doubt about conclusions one would otherwise draw from the prosecution case.
Evidential burden on defence..
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.
What are three exceptions to the Woolmington principle?
There are exceptions to the woolmington principle in which the legal burgen of proof is placed on the defendant, the most common examplae is the defence of insantiy.
The principle can also be overridden by express statory exceptions. For example possession of an offencive weapon.
Public welfare regulatory offence, where only the actus reas must be proved, and the burden passedd to the defendant to prove a total absence of fault. (Sit outside the principle as opposed to a true exception).
Discahrgin a 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”.
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 Probablities
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.
