Law Of Evidence And Proof Flashcards
What is the Woolmington principle?
The presumption of innocence.
This is the fundamental principle in criminal law.
The burden of proof lies clearly with the prosecution in relation to all elements of the offence.
What are the exceptions to the Woolmington principle?
When the legal burden of proof is placed on the defendant.
The most common example is the defense of insanity.
The principle can be overridden by express statutory exceptions. Some offence provisions shift the burden of proof for specific offences to the defendant.
Eg: possession of offensive weapon.
Discharging burden of proof.
Any party bearing a legal burden of proof must discharge this to the standard required.
What is the standard required?
Generally the legal burden is on the prosecution to prove beyond reasonable doubt.
Where the defense bears the burden of proof it need only be proved on the balance of probabilities.
What is a reasonable doubt?
An honest and reasonable uncertainty left in your mind about the guilt of the defendant after having given careful and impartial consideration to all the evidence.
A reasonable doubt is an honest and reasonable uncertainty about the guilt of the accused.
R v Wanhalla
What is the balance of probabilities?
The standard of proof required for the defence to prove its case -
If it is more probable than not the burden of proof is discharged.
If balance is equal the burden is not discharged.
