Proof

Question 1

Woolmington principle

Answer 1

Subject to specific statutory exceptions,
The burden of proof lies clearly with the prosecution in relation to all of the elements of the offence.

Beyond reasonable doubt!

Question 2

Evidential burden

Answer 2

means that a defence cannot be left to the jury or judge unless it has been made a live issue by defence.

Question 3

Woolmington Principle Exceptions

Answer 3

• Defence of insanity (s23(1) Crimes Act 1961)
• some offence provisions shift the burden of proof of specific defences to the defendant. eg.
  ‘possess offensive weapon . . where prima facie show intent to . .’ Defendant must provide the absence of any such intent
• where the offence is a public welfare regulatory offence ((Strict liability (act reus proven not need to have mens rea)) falls outside of woolmington principle

Question 4

Burden of Proof

Answer 4

Prosecution - beyond 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’

Defence - balance of probabilities
-must simply show that it is more probable than not.