Law of Evidence and Proof

Question 1

Woolmington v DPP establish in relation of the presumption of innocence?

Answer 1

Subject to specific statutory exceptions, the burden of proof clearly lies with the prosecution to prove all of the elements of the offence.

Question 2

Outline exceptions to the rule of burden of proof lies with the prosecution

Answer 2

• In cases where there is a defence of insanity.
• Possession of an offensive weapon, where the defendant must prove an absence of the requisite intent.
• Underage sex cases where the victim is under 16, s134 Crimes Act 1961.

Question 3

What is the standard of proof required for prosecution and defence?

Answer 3

• Beyond reasonable doubt is the standard of proof required for prosecution to prove it’s case. Jurors need to be satisfied of guilt before a conviction can be reached.
• Balance on probabilities is the standard of proof required for defence. Must carry a reasonable degree of probability, but not so high as is required in a criminal case.

Question 4

Where the onus falls on the defence to prove a particular element, what is the standard of proof required?

Answer 4

On the balance of probabilities, they must prove that the thing is more probable than not.

Question 5

What is beyond reasonable doubt? R v Wanhalla?

Answer 5

Concluded that 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 of all evidence”.

Question 6

Specific restrictions aside - if evidence is admitted, for what purposes can it be used?

Answer 6

Generally speaking evidence is either admissible for all purposes or is not admissible at all.