Law of Evidence and Proof

Question 1

What did the case ‘Woolmington v DPP’ establish in relation to the presumption of innocence?

Answer 1

The fundamental principle in criminal law is the presumption of innocence, known as the ‘Woolimngton principle’.

This principle establishes that, subject to specific statutory exceptions, the burden of proof lies clearly with the prosecution in relation to all elements of the offence.

Question 2

The fundamental principle in Criminal Law is the presumption of innocence and that the burden of proof lies with the Prosecution. Outline exceptions to this rule.

Answer 2

When legal burden is placed on the defendant:

• Defence of insanity (s23(1) Crimes Act 1961)
• Overridden by Parliament by express statutory exceptions, which shift the burden of proof of specific defences to the defendant, e.g., s202A(4)(b) CA61 makes it an offence to possess any offensive weapon, in circumstances that prima facie show an intention to use it to commit an offence involving bodily injury, and then provides a defence where the defendant can prove the absence of any such intent.

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 its case. It means the jurors need to be satisfied of guilt BRD before a conviction can be reached.
• Balance of probabilities is the standard of proof required for defence to prove a particular element of its case. It must simply show that it is more probable than not. If the probabilities are equal, the burden is not discharged.

Question 4

Reasonable doubt - R v Wanhalla

Answer 4

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