Law of evidence and proof Flashcards
What did the case Woolmington v DPP establish in relation to the presumption of innocence?
The fundamental principle in criminal law is the presumption of innocence, known as the Woolmington Principle. This principle establishes that, subject to specific statutory exceptions, the burden of proof clearly lies with the prosecution to prove all of the elements of the offence.
The fundamental principle in Criminal Law is the presumption of innocence and that the burden of proof lies with the prosecution, outline two exceptions to this rule.
- 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
- In underage sex cases where the victim is under 16
What is the standard of proof required for prosecution and defence?
- Beyond reasonable doubt is the standard of proof required for the prosecution to prove its case. It means that the jurors need to be satisfied of guilt before a conviction can be reached.
- Balance on probabilities is standard of proof required for defence to prove a particular element of its case. If the tribunal can say that they think it more probable than not, the burden is discharge, of the probabilities are equal, the burden is not discharged.
Where the onus falls on the Defence to prove a particular element, what is the standard of proof required?
On the balance of probabilities, which means they must prove that thing is more probably than not.
What is beyond reasonable doubt? R v Wanhalla
It was 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”.
Specific restrictions aside - If evidence is admitted, for what purpose can it be used?
Generally speaking, evidence is either admissible for all purposes or is not admissible at all.
