Law of Evidence and Proof

Question 1

Burden of proof - Woolmington principal

10

Answer 1

The fundamental principal in criminal law is the presumption of innocence (W P)

The burden of proof lies clearly with the prosecution in relation to all of the elements of the offence

Question 2

The burden of proof lies with the prosecution except where…
11

Answer 2

The defence of insanity is claimed -s23(1) CA61
Specific statutory exceptions exist - (shift burden to defendant, ie poss off weapon - up to def to prove no intent)
The offence is a public welfare regulatory offence

Question 3

Beyond reasonable doubt

Answer 3

A reasonable doubt is an honest and reasonable uncertainty left in your mind about the guild of the accused after you have given careful and impartial consideration to all of the evidence

Question 4

Balance of probabilities

Answer 4

Where the defence is required to prove a particular element, such as insanity, on the balance of probabilities, it must simply show that it is more probable than not. If the probabilities are equal, the burden is not discharged. Miller V Minister of Pension

Question 5

*What was held in Woolington v DDP

Answer 5

It was held that the prosecution has a duty to prove the prisoners guilt, subject to the defence of insanity and any statutory exception. The burden of proof lies clearly with prosecution in relation to all elements of the offence

Question 6

Explain the difference between ‘beyond reasonable doubt’ and ‘balance of probabilities’

Answer 6

BRD is the standard of proof required for the Prosecution to prove its case. It means the jurors must be satisfiled of guilt before they can convict.

BOP is the standard of proof required for the defence to prove a particular element of its case. Must carru a reasonale degree of probability but not as high as in criminal case. Burden is discharged (accepted as true) if more probable than not