STANDARD OF PROOF Flashcards
What is the standard of proof in civil matters?
Hint: Preponderance of probabilities
Pursuant to section 12 of NRCD 323, the standard of proof in civil matters is on a preponderance of probabilities (synonymous with “balance of probabilities). i.e. the degree of certainty in the mind of the tribunal of fact or the court by which it is convinced that the existence of a fact is more probable than its non-existence
What is the standard of proof in criminal matters
Pursuant to section 13, the standard of proof in criminal matters is beyond reasonable doubt. When the burden of proof is on an accused in a criminal matter, he is only required to raise a reasonable doubt as to guilt.
How is crime proven in civil cases?
Section 13 of NRCD 323 provides as follows:
“In any civil or criminal action, the burden of persuasion as to the commission of a party as to a crime, which is directly in issue requires proof beyond a reasonable doubt”
In Fenuku v John Teye, the supreme court stated that, any allegation of a criminal act in a civil trial was governed by section 13(1) NRCD 323, which provided that the burden of persuasion required proof beyond reasonable doubt. The standard of proof of crime in a civil matter was again reiterated by the supreme court in Sasu Bamfo v Sintim
Standard of proof in customary offences
In Brempong ii v Ampofo & others, the supreme court held that in respect of destoolment offence or other customary offence which when established would result in destoolment, due to the severity of the offence and punishment, a stricter or higher standard of proof should be adopted.
Insanity and burden of proof
By section 137(1) of Act 30, a person charged with an offense may plead insanity as his defence. At the trial of such a person if there is evidence which shows that he is so insane as not to be responsible for his actions in therms of Act 29, ss 27 and 28, the accused may be pronounced guilty but insane.
Insanity (M’Naghten’s principle)
Where the accused contends that he is not guilty because at the time of the commission of the offense he was suffering from insanity or mental disease which prevented him from knowing the nature and consequences of his action, he assumes the legal burden of proving his insanity
Insanity (Ghana’s legal position)
Where proof of insanity is in issue the principle to be applied per NRCD 323, s 15(3) is that unless it is shifted, the party claiming that a person including himself is or was insane or of unsound mind has the burden of persuasion on that issue.
What is the standard of proof for Insanity?
The standard of proof required for the accused to establish insanity is proof by preponderance of probabilities. It is lighter than the standard of proof on the prosecution.
