Law Of Evidence And Proof

Question 1

3 ways of giving evidence

Answer 1

1. In the ordinary way;
   - orally in a courtroom in the presence of a judge - in an affidavit filed in court
   - by reading a written statement in a courtroom.
2. An alternative way;
   - in a courtroom but unable to see the defendant - outside the courtroom
   - by video recording
3. In any other way provided for by the evidence Act 2006 or any other enactment

Question 2

Burden of Proof

Woolmington principle

Answer 2

Woolmington principle = the presumption of Innocence

Subject to specific statutory exceptions, the burden of Proof Lies with the prosecution in relation to all of the Elements of the offence.

Question 3

Exceptions to the woolmington principle

Answer 3

• Defence of insanity (legal burden)
• Express statutory exceptions
• Public welfare regulatory offences

Question 4

Discharging the burden of Proof

Answer 4

Where the legal burden is on the prosecution it must be discharged beyond Reasonable Doubt. If the defence bears the burden it need only be proved on the balance of probabilities

Question 5

Beyond Reasonable Doubt

Answer 5

And honest and reasonable uncertainty in your mind about the defendant’s guilt after careful and impartial consideration of the evidence

Question 6

Balance of probabilities

Answer 6

More probable than not