Law of Evidence and Proof Flashcards
What is the Woolmington Principle?
The fundamental principle of criminal law is the presumption of innocence, known as the Woolmington Principle.
This principle establishes that the burden of proof lies clearly with the prosecution in relation to all of the elements of the offence.
What are some exceptions to the Woolmington principle where the burden of proof is placed on the defendant?
- defence of insanity s23(1) CA 1961
- s202A C A 1961 - offensive weapon, if defendant can prove absence of intent
- s134A C A 1961 defence to charge of sexual conduct with a person u16 yrs
- formal ID, admissible unless defendant proves balance of probabilities that it is unreliable
R v Wanhalla - what should juries be told about “beyond reasonable doubt”?
Juries should be told that a 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 of all the evidence.”
The defendant does not have to give or call any evidence to establish his innocence
Define the standard of proof for defense.
Balance of probablilities - it must simply show that it is more probable than not. If the probabilities are equal, the burden is not discharged.
Explain the difference between “beyond reasonable doubt” and on the “balance of probabilities.”
Beyond reasonable doubt is the standard of proof required for the Prosecution to prove its case. Jurors must be satisfied of guilt before they can convict.
Balance of probabilities is the standard of proof required for the defense to prove a particular element of its case. It must carry a reasonable degree of probability. If the evidence is such that it is thought to be more probable that not the burden is discharged, if the probabilities are equal the burden is not discharged.
