Law of Evidence and Proof

Question 1

What is the Woolmington Principle

Answer 1

The presumption of innocence. The burden of proof is on the prosecution to prove beyond reasonable doubt . However in some cases defence have to practical obligation, evidential burden, the burden of proof may be reversed may be seen simply to not apply.

Question 2

Practical Obligation on the Defence?

Answer 2

Where the prosecution proves the facts that the defendant committed the act and the requisite of a mental act,then the defendant has to produce a story or evidence that would suggest that the conclusion is wrong.

This is not burden of proof - the defendant does not have to prove anything. It applies where the defendants wish to state that they did not do the act or have the necessary mental element, but where they do not wish to put up a particular defence to the charge.

It is simply a practical obligation to point to some evidence that suggests a reasonable doubt about conclusions one would otherwise draw from the prosecution case.

Question 3

Evidential burden on defence overview?

Answer 3

• This is where the defence want to raise a defence to
  the charge.
• Prosecution do not have to negate all possible
  defences available.
• It is not just a practical obligation it is an evidential
  burden.
• The defence is not left up to the judge or jury it has to
  be made a LIVE ISSUE first. It is NOT a burden of
  proof.
• Once the issue is made then the prosecution must destroy the defence.

Question 4

Exceptions?

Answer 4

There are exceptions to the Woolmington principle in which the legal burden of proof is placed on the defendant.

• The most common example is the defence of insanity.
• Any exceptions under the Evidence Act itself where
  the burden of proof is placed on defence.
• Under any regulatory offences of Public welfare.