8. Law of Evidence Flashcards
Tell me about the burden of proof?
Presumption of innocence - the “Woolmington Principle”.
The Woolmington Principle establishes that the burden of proof lies clearly with the prosecution in relation to all of the elements of the offence.
What is the meaning of beyond reasonable doubt?
Proof beyond reasonable doubt is a very high standard of the proof which the Crown will have met only if, at the end of the case, you are sure the accused is guilty.
R v Wanhalla
Reasonable doubt is 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
What is balance of probabilities?
More probable than not.
Where the defence is required to prove a particular element, eg insanity - on the balance of probabilities.
Is corroboration always required?
Sec 121, Evidence Act 2006;
In general one witnesses testimony, unsupported by other evidence will suffice to prove a case where the Court is satisfied that the evidence is reliable and accurate.
However in perjury and treason, one person’s testimony is not enough. In these instances, corroboration/independent evidence would be required.
Section 45, admissibility of visual identification evidence.
If you follow formal procedures to obtain visual identification evidence, or there was a good reason for not following a formal procedure, the evidence is admissible in criminal proceedings - unless the defendant proves on the balance of probabilities that the evidence is unreliable.
What would happen if you fail to follow formal procedures in obtaining visual identification evidence, and there was no good reason for not following formal procedures?
The evidence would be inadmissible in criminal proceedings, unless the prosecution proves beyond reasonable doubt that the circumstances in which the identification was made have produced a reliable identification.
Tell me about defendants statements in relation to co-defendants.
A statement made by a defendant is not admissible against a co-defendant.
Evidence offered by the prosecution of a statement made by a defendant is not admissible against that defendant if…
it is excluded under;
Sec 28 - the reliability rule
Sec 29- the oppression rule
Sec 30 - the improperly obtained evidence rule
Formal Identification Procedure - Harney v Police
The procedure should take place during the investigation or soon after arrest
Guiding principle of arranging formal identification procedures is…
Whether it will “avoid any material risk of predisposing the witness to the defendant” - Ah Soon v R
What did the Court rule in R v Edmonds and R v Harney in respect of the recognition of the suspect by the eyewitness?
Recognition may make a formal identification procedure unnecessary, but only if the appearance of the offender was sufficiently known…
Voice identification evidence - sec 46, Evidence Act 2006
… inadmissible unless prosecution can prove on the balance of probabilities it has produced a reliable identification
