Law of evidence and proof

Question 1

What is the woolington principle

Answer 1

This principle state that the burden of proof lies clearly with the prosectution in relation to all the elements of the offence.

Question 2

Discuss practical obligation to defence

Answer 2

If the prosecution has proved the mens reas and actus reus then the defendant may wish to produce some story as to their innocence. The def does not have to prove anything and may wish point out some evidenc that may cause some reasonable doubt.

Question 3

Discuss evidential burden

Answer 3

There are times when the def will put up a defence to a charge. Ie that they acted in self defence. This then becomes a live issue and this defence needs to be destroyed by the prosecution.

Question 4

Discuss the standard of proof for the prosecution and the defence

Answer 4

Any party that holds a legal burden must discharge that burden to the required standard.

For the prosecution the standard of proof is beyond reasonable doubt

for defence the standard of proof is on the balance of probabilities.

Question 5

Discuss beyond reasonable doubt

Answer 5

An honest and reasonable uncertainty left in your mind about the guilt of the defendant after ytou have given careful and impartial consideration to all the evidence.

Usually jury should be told that the starting point is presumption of inniocence until the crown has proved otherwise. The def does not have to give evidence or prove anything.

Question 6

Discuss Balance of probabilities

Answer 6

is a lot lower threshold and simply shows that is more likely than not.,

Question 7

The burden of proof lies with the prosecution. List the 3 exceptions

Answer 7

• The defence of insanity is claimed
• specific statutory exceptions exist
  The offence is a public welfare regulatory offence

Question 8

What are facts in issue

Answer 8

Facts in issue are those which the prosecution must prove in order to establish the elements of the offence, or those which the defendant must prove in order to succeed with a defence in respect of which, he or she carries the burden of proof.

Question 9

What was held in Woolington v DPP

Answer 9

he burden of proof lies clearly with the prosecution in relation to all of the elements of the offence except in circumstances the defence puts forwards the defence of insanity or any other statutory exception.

Question 10

Explain the differnce between the terms beyound reasonable doubt and balance of probabilitires

Answer 10

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.