Law of Evidence and Proof Flashcards
WOOLMINGTON PRINCIPAL
The fundamental principal in criminal law is the presumption of innocence.
The principal 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 principal is subject to a number of limitations in both law and practice.
EVIDENTIAL BURDEN ON DEFENCE
The defence can put up a defence to the charge. The prosecution doesn’t have to negate all possible defences that come up though. If the defence want to claim eg. defendant was acting in self defence then its an evidential burden meaning defence must officially raise the defence as a live issue before the trial but the burden is still on the prosecution to prove its case and destroy the defence.
DISCHARGING BURDON OF PROOF
Anyone bearing the legal burden of proof must discharge the burden to the standard required.
If burden is on prosecution it must be discharged ‘beyond reasonable doubt’.
Any element that the defence bear the burden of proving needs only be proved on the ‘balance of probabilities.’
Practical obligation on the defence
If the prosecution proves that the defendant committed the act with the mental intent then the defendant has to produce a story or evidence IF they want to say the conclusion is wrong. Although this is NOT a burden of proof so defence don’t have to prove anything. Only if they want to prove they did not do the act with the necessary mental intent but don’t want to put up a defence. It is simply to point out some evidence that suggests a reasonable doubt about the conclusion.
Exceptions on burden of proof
- defence of insanity is claimed
- specific statutory exceptions
- public welfare regulatory offences
Define reasonable doubt
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 the evidence.
Process of juries regarding beyond reasonable doubt
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.
Define balance of probability
Where the defence is required to prove a particular element such as insanity on the balance of probabilities. They must show it was more probable than not. If the probabilities is equal then the burden is not discharged.
