Law Of Evidence And Proof Flashcards
Woolmington Principle
The presumption of innocence.
Subject to specific statutory exceptions, the burden of proof lies clearly with the prosecution in relation to all the elements of the offence.
Exceptions to this are:
Where defence of insanity is claimed
A specific statutory exceptions exists
The offence is a public welfare offence
Evidential Burden
Once the basic elements have been proved, it is up to defence to point out some explanation ie self defence. A defense cannot be left to jury/judge unless it is made a live issue by defence.
Standard of proof
Beyond a reasonable doubt - 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 to all the evidence (r v Wanhalla)
On the balance of probabilities - it is more probable than not
