Law of evidence and proof Flashcards
Woolmington principle: presumption of innocence?
The fundamental principle in criminal law is the presumption of innocence, known as the “Woolmington 1.principle” This principle establishes that, subject to specific statutory exceptions, the burden of proof lies clearly with the prosecution in relation to all of the elements of the offence.
The fact that the prosecution bears the ultimate burden of proving the case beyond reasonable doubt does not mean that the defence need not put forward any sort of case at all. In some cases, the defence will have a practical obligation, evidential burden, the burden of proof may be reversed (exceptions to the Woolmington principle), or Woolmington may be seen simply to not apply.
Practical obligation on the defence?
If the prosecution proves facts from which it can be concluded that the defendant committed the act with the requisite mental element, then the defendant has to produce some story or evidence if he or she wants to suggest the conclusion is wrong. This is not a burden of proof – the defendant does not have to prove anything. It applies where 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.
“Evidential burden” on defence overview?
Having an evidential burden means that a defence cannot be left to the jury or the judge unless it has been made a live issue by the defence. It is not a burden of proof, and once it is made a ‘live issue’ then the prosecution must destroy the defence, because the burden of proof remains where that case puts it – with the prosecution. The ultimate question for the jury is always, “has the prosecution proved its case?”
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 to all of the evidence”
“The starting point is the presumption of innocence. You must treat the accused as innocent until the Crown has proved his or her guilt. The presumption of innocence means that the accused does not have to give or call any evidence and does not have to establish his or her innocence.
The Crown must prove that the accused is guilty beyond reasonable doubt. Proof beyond reasonable doubt is a very high standard of proof which the Crown will have met only if, at the end of the case, you are sure that the accused is guilty
Balance of probabilities?
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.
The burden of proof lies with the prosecution (Woolmington principle) except where?
The burden of proof lies with the prosecution (Woolmington principle) except where:
− the defence of insanity is claimed
− specific statutory exceptions exist
− the offence is a public welfare regulatory offence.
In a proceeding, evidence may be given in the following ways?
− the ordinary way
− the alternative way such as by video link
− any other way provided for by the Evidence Act 2006 or any other enactment.
What are the rules of evidence?
The rules of evidence determine the form in which, and the means by which, evidence may be presented to the court. They are to be found both in specific statutory provisions and in case law.
Define evidence?
“Evidence” is the term for the whole body of material which a court or tribunal – ie in criminal cases the Judge or jury – may take into account in reaching their decision.
