Unit 6 - Standard and burden of proof

Question 1

What does burden of proof refer to ?

Answer 1

• The responsibility of a party to present sufficient evidence to prove their case.
• In criminal law, this burden rests on the State.

Question 2

What must the State prove ?

Answer 2

• The identity of the accused as the perpetrator.
• The mental state of the accused at the time of the offense.
• The physical act and its unlawfulness.
• Absence of defences raises by the accused.

Rex case.

Question 3

What does the Rex v Bloom case emphasize ?

Answer 3

• That no one is required to prove their innocence.
• Instead the prosecution must establish guilt beyond a reasonable doubt.
• The accused need only raise a reasonable doubt, and if this doubt exists, they are entitled to an acquittal.

Question 4

Discuss the evidentiary burden.

Answer 4

• While the burden of proof rests with the prosecution, there are situations in which the evidentiary burden may shift during the trial.
• For example, once the prosecution establishes a prima facie case (a case that could result in a conviction if unchallenged), the defense may introduce evidence to raise reasonable doubt.

Question 5

Discuss policy considerations in terms of protecting the innocent.

Answer 5

• A critical policy consideration in criminal trials is the avoidance of wrongful convictions.
• The idea that it is better for ten guilty people to go free than for one innocent person to be convicted is central to the justice system.

Question 6

Discuss the risk of convicting the innocent.

Answer 6

• If the burden of proof were lighter or the standard of proof lower, there would be a higher risk of wrongful convictions.
• This would undermine public confidence in the legal system and could lead to irreversible damage to individuals’ lives.
• The legal principle of presumption of innocence ensures that the State carries the risk of failure, not the accused.

Question 7

Discuss discharge.

Answer 7

Section 174 of the Criminal Procedure Act allows the defense to apply for discharge if the prosecution fails to provide sufficient evidence.

Question 8

What is the test for discharge ?

Answer 8

• The first question is whether there is evidence on which a reasonable man might convict.
• The second question is whether there is a reasonable possibility that the defense’s evidence might supplement the State’s case.

Question 9

Discuss absolution from the instance.

Answer 9

• In civil cases, a defendant can apply for absolution from the instance if, after the plaintiff has presented their evidence, the court believes that there is no evidence upon which a reasonable court could find for the plaintiff.
• The test is whether, based on the evidence led by the plaintiff, a reasonable court could possibly find in favor of the plaintiff.
• If there is no such evidence, the defendant may be absolved from the instance.