Law of Evidence and Proof Flashcards
What is the Woolmington Principal?
Presumption of innocence
The burden of proof lies clearly with the prosecution in relation to all of the elements of the offence.
Explain the practical obligation on defence in relation to a prosecution case
If the prosecution proves facts which can be concluded that the defendant committed the act.
Then the defendant has to produce some story or evidence, if he or she wants to suggest the conclusion is wrong, this is not a burden of proof, the defendant does not have to prove anything. Simply a practical obligation to point to some evidence that suggests a reasonable doubt about conclusions
What is the evidential burden on the defence
Defendant may wish to put up a defence to a charge, the prosecution is under no obligation to negate all possible defences.
Once the basic elements have been proved, it is up to the defendant to point to some evidence that suggest an explanation, such as self defence, where the defendant wishes to put up a defence to the charge, it is not a practical obligation but rather a evidential burden.
Having an evidential burden means that a defence cannot be left to the jury or judge, unless it has been made a live issue by the defence, it is not a burden of proof, once it is made a live issue, the prosecution must destroy the defence as the burden of proof remains with the prosecution.
Ultimate question for the jury is always ‘has the prosecution proved its case?’
What three exceptions exist for the woolmington principal?
Where legal burden is placed on the defendant , a common example is defence of insanity. Defence must prove on balance of probability insane at times.
further more can be overridden by statutory exceptions eg.
Possession of a offensive weapon, possession for supply
Also occasions in evidence act where burden on proving an issue in relation to admissibility, occasionally this may be on the defendant (identification evidence).
What is a public welfare offence?
Law has developed to include offences where the woolmington is seen not to apply, known as public welfare offences.
Purpose of these is to regulate conduct having a tendency to endanger the public.
For these offences once the prosecution has proved the actus rea, there is no need to prove mens rea and the burden passes to the defendant to prove a total absence of fault as a defence.
These are strict liability offences , eg LTA, parking etc.
Seen as sitting outside the woolmington principle rather than an exception.
Burden of proof lies with prosecution except for what three circumstances?
Defence of insanity
Specific statutory exception
Offence is a public welfare regulatory offence.
