Law of Evidence and Proof

Question 1

What is the Woolmington principle?

Answer 1

It is the presumption of innocence where the burden of proof lies on the prosecution to meet the elements of the offence. It does not mean the Defence does not have to put through any case at all

Question 2

What is the practical obligation on the defence if prosecution proves facts on which the defendant committed an offence?

Answer 2

Defence to produce some story to cast reasonable doubt on this fact

Question 3

Does the prosecution need to negate all possible defences?

Answer 3

No

Question 4

Can a defence be left to the jury or judge?

Answer 4

No, unless it’s been made a live issue at which point the prosecution needs to negate it

Question 5

Exceptions for Woolmington principle.

Answer 5

• Insanity
• ‘possession of offence weapon that prima facie show an intention to use it to commit and offence involving bodily injury’, then the defence would have to prove absence of intent

Question 6

Does Woolmington principle apply for ‘public welfare offences’

Answer 6

No - also known as strict liability offences where once actus reus is proves there is no further need to prove the mens rea and the burden is passed onto the defence to prove a total absence of fault

Question 7

What is the standard of proof for the prosecution and defence

Answer 7

Beyond reasonable doubt
Balance of probabilities

Question 8

What is reasonable doubt?

Answer 8

An honest and reasonable uncertainty left in your mind about the guilt of the accused after you have given careful and impartial consideration to all of the evidence

Question 9

What is balance of probabilities?

Answer 9

Simply show that it is more probable than not