Law of Evidence and Proof Flashcards
What must be shown where the accused is to prove something on the balance of probabilities?
Simply that it is more probable than not. If the probabilities are equal, the burden is not discharged.
What is always the ultimate questions for a jury?
Has the prosecution proved its case.
What is the unofficial definition for beyond reasonable doubt?
R v Wanhalla
An honest and reasonable uncertainty left in your mind about the guilt of the defendant after you have given careful consideration to all the evidence.
What are public welfare regulatory offences?
Offences where the Woolmington principal does not apply. The purpose of such offences is to regulate everyday conduct which has a tendency to endanger the public/sections of the public.
For these offences the prosecution only needs to prove the actus reus and there is no further need to prove the mens rea, this burden is passed to the defendant to disprove the means rea.
What is the standard required for the PROSECUTION to discharge their burden of proof?
Beyond Reasonable doubt
Why must the defence make their defence a live issue?
Because it can’t be left to the judge or jury unless it has been made a live issue.
What is a reasonable doubt?
An honest and reasonable uncertainty ;eft in your mind about the guilt of the accused after you have given careful and impartial consideration to all of the evidence.
Does the prosecution need to negate all possible defences that might be available to the defendant?
No but once the defendant offers a defence the prosecution must prove it wrong as the burden of proof lies with the prosecution.
What is the Woolmington principal?
Is the presumption of innocence and subject to specific statutory exceptions, the burden of proof lies clearly with the prosecution in relation to all of the elements of the offence.
What is a common exception to the Woolmington principal?
Defence of inasnity
What direction is given under R v Wanhalla
That the starting point is the presumption of innocence and the accused must be treated as innocent until proven guilty.
The accused does not have to give/call evidence or establish that they are innocent.
The crown must prove the accused is guilty beyond reasonable doubt which is a high standard of proof but the crown does not have to prove it as absolute certainty.
What is the practical obligation on the defence?
There is no burden of proof on the defence but where the prosecution has proven facts, from which is can be concluded that the defendant did the act with the required mental element, the defendant has to produce some story or evidence if they want to suggest the conclusion is wrong.
What is the standard required for the DEFENCE to discharge their burden of proof?
on the balance of probabilities
