Law of Evidence and Proof Flashcards
What is the Woolmington Principle
The fundamental principle in criminal law that there is presumption of innocence
It establishes that subject to specific statutory exceptions THE BURDEN OF PROOF LIES CLEARLY WITH THE PROSECUTION in relation to all elements of the offence
What is the practical obligation on the defence
The defendant doesn’t have to prove anything. It is simply a practical obligation to post to some evidence that suggests a reasonable doubt about conclusions one would otherwise draw from the prosecution case
What does evidential burden on defence mean
That a defence cannot be left to the jury/judge unless it has been made a LIVE ISSUE by the defence.
It is NOT a burden of proof and once it’s made a “live issue” the prosecution must destroy the defence
What are the exceptions to the Woolmington principle which place the burden of proof on the defendant
- defence of insanity
- specific statutory exceptions exits
- evidence act 2006 in relation to the admissibility of evidence
When may the Woolmington principle not apply
Public welfare regulatory offences
Once prosecution has proved the actus reus, no need to prove mens rea and burden of proof passes to the defendant
What is discharging burden of proof
Where the legal burden is on the prosecution it must be discharged “beyond reasonable doubt”.
Any element which the defence bears the burden of proving need only be proved on the “balance of probabilities”.
What is beyond reasonable doubt
An honest and reasonable uncertainty left in your mind about the guilt of the defendant after giving careful and impartial consideration to all the evidence
R v Wanhalla
What is the balance of probabilities
Where the defence is required to prove a particular element it must simply show that it is more probable than not. If the probabilities are equal, the burden is not discharged
