Evidence 2

Question 1

What did the case Woolmington v DPP establish in relation to the presumption of innocence?

Answer 1

The fundamental principle in criminal law is the presumption of innocence, known as the “Woolmington principle”.

This principle establishes that, subject to specific statutory exceptions, the burden of proof lies clearly with the prosecution in relation to all the elements of the offence.

Question 2

Define a hostile witness pursuant to Section 4 of the Evidence Act 2006

Answer 2

• Exhibits, or appears to exhibit, a lack of veracity when giving evidence unfavourable to the party who called the witness on a matter about which the witness may reasonably be supposed to have knowledge: or
• Gives evidence that is inconsistent with the statement made by that witness in a manner that exhibits, or appears to exhibit, an intention to be unhelpful to the party who called the witness; or
• Refuses to answer questions or deliberately withholds evidence.

Question 3

What four fundamental principles of evidence law do the court need to consider in deciding whether evidence is admissible? (PURR)

Answer 3

• Public interest
• Unfairness
• Relevance
• Reliability

Question 4

What is a leading question?

Answer 4

A leading question as one that directly or indirectly suggests a particular answer to the question.

Question 5

What is the general rule in relation to leading questions?

Answer 5

The general rule is that leading questions may not be asked during examination-in-chief or re-examination

Question 6

Briefly explain what a “voir dire” is

Answer 6

A voir dire is:
-A hearing where evidence is given by a witness to prove the facts necessary for deciding whether some other evidence should be admitted in a proceeding.

-It is conducted without a jury being present.

Question 7

Define a witness

Answer 7

This is a person who gives evidence and is able to be cross-examined in a proceeding.

This includes a person who is actively engaged in the process of giving evidence, and may also include a person who has previously given evidence in the proceeding. For a limited number of provisions in the Evidence Act 2006.

Question 8

Define the term “facts in issue”

Answer 8

Facts in issue are those which the prosecution must prove in order to establish the elements of the offence or those which the defendant must prove in order to succeed with a defence in respect of which he or she carries the burden of proof.

Question 9

Explain what is meant by “burden of proof”

Answer 9

Burden of proof means:

• Whoever asserts something must prove it.
• In criminal cases the burden of proof is on the crown, ie the prosecutor must prove the accused guilty rather that the accused person prove their innocence. All that the defendant needs to do is to raise a doubt as to their guilt.
• In a criminal case the prosecution must prove every essential ingredient of the offence beyond a reasonable doubt.

Question 10

List four categories of privilege.

Answer 10

Privilege against self-incrimination

Marital privilege

Professional confidences

Public policy

Police informants