Law Of Evidence

Question 1

Woolmington Principle

Answer 1

Presumption of innocence
Burden of proof lies clearly with the prosecution
Must prove beyond reasonable doubt

Exceptions
Legal burden on defendant if relying on defence of insanity and where there exist specific statutory exceptions

Question 2

Evidential burden

Answer 2

Once basic elements have been proven then required evidence that suggests an explanation. This burden sits on the defence. If for example, self defence raised, becomes a live issue which the prosecution then has to destroy the defence as still retain the burden of proof

Question 3

Standard of proof

Answer 3

Prosecution must beyond reasonable doubt
Very high standard - you are sure the accused is guilty

Defence only has to prove of balance of probabilities
More probable than not

Question 4

Corroboration

Answer 4

1 witness, unsupported, suffice to prove case if court satisfied reliable and accurate
Perjury and related offences and treason - one unsupported is insufficient. Needs corroboration

121(2) no requirement for warning to just about relying on uncorroborated evidence. Treason and perjury exempt
122 allows warning of judge opinion that uncorroborated may be unreliable

Question 5

Formal procedures

Answer 5

Admissible if followed correctly or if good reason for not following unless defence proves on balance of probs it’s unreliable

If no good reason, inadmissible unless prosecution proves beyond resonance doubt that circumstances in which ID was made have produced reliable ID

Formal procedure:
Asap after offence
At least 7 others
No indication given to witness as to which
Informed suspect may not be amongst
Written record
Prepared and certified to be true and correct by officer who conducts

Good reasons to not:
Suspect refusal
Can’t disguise amongst others
Big appearance change
Did not anticipate ID as an issue
ID made to officer soon after offence
ID through chance meeting

Question 6

Voice ID evidence

Answer 6

Inadmissible unless the prosecution proves on balance of probabilities that reliable - probably reliable
Less standard of proof than photo ID

Question 7

Reliability rule

Answer 7

Exclusion of unreliable statements
Must satisfy on balance of probabilities that circumstance of statement not likely to have adverse affect on reliability
No effect of statement only offered to evidence physical, mental or psychological condition or if only to evidence that the statement was made

Question 8

Oppression rule

Answer 8

Exclusion of statements influenced by oppression

Exclude unless satisfied beyond reasonable doubt
Irrelevant whether statement is true

Oppressive, violent, inhuman or degrading treatment
Threat of such

Mind of oppressor irrelevant. Perspective of defendant

Question 9

Improperly obtained evidence

Answer 9

Must find on balance of probabilities if improperly obtained then
Excludes only if it is proportionate to the impropriety by means of a balancing process - needed for effective and credible justice system

This considers importance of any right breaches
Nature of impropriety- deliberate/ reckless/bad faith
Nature and quality of evidence
Seriousness of offence
Other techniques to investigate not used
Alternate remedies to exclude