The Burden of Proof

Question 1

In general, where is the burden to prove a defendant’s guilt?

Answer 1

With prosecution

Question 2

Woolmington v DPP (1935)

Answer 2

Enshrines principle of prosecution burden of proof.

Question 3

What are the reverse burden clauses?
(When is the BoP on the defendant)

Answer 3

• Insanity
  -Statutory reverse burden (eg good reason for carrying a knife)
• Implied statutory reverse burden (eg proving car was insured)

Question 4

Why are there exceptions to Woolmington?

Answer 4

There are matters within the defendants exclusive knowledge and control so does not make sense for the prosecution to disprove them.

Question 5

What is the standard of proof for guilt of a defendant?

Answer 5

Beyond a reasonable doubt

Question 6

Where the defence has a legal burden, what is the standard of proof?

Answer 6

Balance of probabilities, (Re H 1996 suggests it means more likely than not)

Question 7

Does an alibi defence impose a burden on the defence?

Answer 7

No, but adverse inference may be taken without.

Question 8

Does self defence shift a burden?

Answer 8

Evidential burden on defence- just enough to raise a reasonable doubt. (Same for duress)

Question 9

. Where a particular defence is such as to place an evidential burden on an accused, where may the evidence be derived from?

Answer 9

Any party to the case